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

Taken from the 9th Edition of the MPEP, Revision 07.2022, Published February 2023

Current AIA Redline

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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.

(Added Sept. 16, 2011, Public Law 112-29, sec. 17, 125 Stat. 284, effective as to patents issued on or after Sept. 16, 2012, effective date revised Public Law 112-274, sec. (1)(a), 126 Stat. 2456 as applicable to any civil action commenced on or after Jan. 14, 2013.)