United States Code/Title 35/Chapter 29/Section 296

'''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, 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, and treble damages under, attorney fees under , and the additional remedy for infringement of design patents under.

Source
(Added Pub. L. 102-560, Sec. 2(a)(2), Oct. 28, 1992, 106 Stat. 4230.)

Effective Date
Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102-560, set out as an Effective Date of 1992 Amendment note under section 2541 of Title 7, Agriculture.