106 STAT. 4230 PUBLIC LAW 102-560—OCT. 28, 1992 Public Law 102-560 102d Congress An Act Oct. 28, 1992 [S. 758] Patent and Plant V«udety Protection Remedy Clarification Act. 7 USC 2321 note. To clarify that States, instrumentalities of States, and officers and employees of States acting in their official capacity, are subject to suit in Federal court by any person for infringement of patents and plant variety protections, and that all the remedies can be obtained in such suit that can be obtained in a suit against a private entity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Patent and Plant Variety Protection Remedy Clarification Act". SEC. 2. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND STATE OFFICIALS FOR INFRINGEMENT OF PATENTS. (a) LIABILITY AND REMEDIES.—(1) Section 271 of title 35, United States Code, is amended by adding at the end the following: "(h) As used in this section, the term 'whoever* includes any State, any instrumentaUty of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity. Any State, and any such instrumentahty, officer, or employee, shall be subject to the provisions of this title in the same msinner and to the same extent as any nongovernmental entity.". (2) Chapter 29 of title 35, United States Code, is amended by adding at the end the following new section:
- §296. Liability of States, instrumentalities of States, and
State officials for infringement of patents "(a) IN GENERAL. —Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of a patent under section 271, or for any other violation under this title. "(b) REMEDIES.— In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, ana treble damages under section 284, attorney fees under section 285, and the additional remedy for infringement of design patents under section 289.". (b) CfoNFORMiNG AMENDMENT. — The table of sections at the beginning of chapter 29 of title 35, United States Code, is amended by adding at the end the following new item: "Sec. 296. Liability of States, instrumentalities of States, and State officials for infiringement of patents.".
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