35 U.S.C. § 298
Section 298 · Advice of counsel
Amended 1 time on record
Applied in 12 court decisions — leading case Halo Electronics, Inc. v. Pulse Electronics, Inc. (2016)
Most recently applied in Provisur Technologies, Inc. v. Weber, Inc. (October 2024)
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Effective Date
Except as otherwise provided in Pub. L. 111–29, section effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued on or after that effective date, see section 35 of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 1 of this title.