To amend title 35, United States Code, to provide recourse under the patent law for persons who suffer competitive injury as a result of false markings.
Referred to the House Committee on the Judiciary.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Mar 25, 2010
Amends federal patent law to revise the authorization of civil suits to collect one-half of the $500 penalty for false marking.
Limits the right to file a civil action in a U.S. district court to persons who have suffered a competitive injury as a result of a violation of the prohibition against false marking. (Thus repeals the right of any person to sue for the penalty.) Allows a person who has suffered a competitive injury to file a civil action to recover damages adequate to compensate for the injury. (Current law allows any person to collect up to one-half of $500 for every such offense.)
Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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