35 USC § 298 - Advice of counsel

---
identifier: "/us/usc/t35/s298"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 298 - Advice of counsel"
title_number: 35
title_name: "PATENTS"
section_number: "298"
section_name: "Advice of counsel"
chapter_number: 29
chapter_name: "REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS"
part_number: "III"
part_name: "PATENTS AND PROTECTION OF PATENT RIGHTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 112–29, § 17(a), Sept. 16, 2011, 125 Stat. 329.)"
---


# § 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.

---

**Source Credit**: (Added Pub. L. 112–29, § 17(a), Sept. 16, 2011, 125 Stat. 329.)

## Statutory Notes and Related Subsidiaries

### Effective Date

> “Notwithstanding section 35 of the Leahy-Smith America Invents Act [
> 
> ] (
> 
> note),
> 
> , United States Code, shall apply to any civil action commenced on or after the date of the enactment of this Act [
> 
> ].”

, , , provided that:

Except as otherwise provided in , section effective upon the expiration of the 1-year period beginning on , and applicable to any patent issued on or after that effective date, see , set out as an Effective Date of 2011 Amendment note under .