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35 U.S.C. § 288

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov
Whenever a claim of a patent is invalid, an action may be maintained for the infringement of a claim of the patent which may be valid. The patentee shall recover no costs unless a disclaimer of the invalid claim has been entered at the Patent and Trademark Office before the commencement of the suit.