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US Code · Through Public Law 119-103 (09/02/2026)

35 U.S.C. § 298: Advice of counsel

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Where this section sits in the code
  1. Title 35—PATENTS
  2. CHAPTER 29—REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS

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.

Collected 2026-09-10T05:59:18Z. Source file · JSON

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