Leahy-Smith America Invents Act
Section 17. Advice of counsel

Section Index Page | Full-Text of Act

A patent reform act passed by Congress on September 16, 2011.

Previous Section (§16) | Next Section (§18)

SEC. 17. ADVICE OF COUNSEL.

(a) IN GENERAL.--Chapter 29 of title 35, United States Code, is amended by adding at the end the following:

Ҥ 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.”.

(b) CONFORMING AMENDMENT.--The table of sections for chapter 29 of title 35, United States Code, is amended by adding at the end the following:

“298. Advice of counsel.”.