35 U.S.C. 298, Advice of counsel

Executive summary:

Potential for Errors: This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code) as amended by the Leahy-Smith America Invents Act. This page was last updated in November 2011. While the page has been edited to help ensure that the changes made by the AIA to this section are reflected in this document, errors are possible. If you notice such errors, please contact Dan Tysver at (dtysver@bitlaw.com).

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35 U.S.C. 298 Advice of counsel.

The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.

Effective Dates for Changes Made to this Section

TEXT OF 35 USC 298
Section 17 of the America Invents Act

No language relating to the effective date. Section 35 covers the effective date:

Section 35 of the America Invents Act

Except as otherwise provided in this Act, the provisions of this Act shall take effect upon the expiration of the 1–year period beginning on the date of the enactment of this Act and shall apply to any patent issued on or after that effective date.