條文中主要是保護提出損害賠償者（claimant）在確認被侵權時可以在法院判定獲得賠償，且不能少於合理的授權金，包括利息與相關法院費用。
在審判過程時，若非由陪審團判斷賠償，法院應自行評估，可增加至賠償金額的三倍。其中(updated4.12.2012)，增加損害賠償金額不適用在154(d)規定臨時權利期間(專利公開至核准期間)，提出賠償訴訟的時間應於專利領證後6年內，這個臨時權利時間並非沒有限制。賠償金額的判斷，法院可徵詢專家意見。(updated on Feb. 15, 2016)
上訴損害賠償規定並不適用於美國專利法第154(d)條規定的臨時權利（provisional right）。
在154(d)(1)規範專利權授予專利權人在專利＂公開＂後到專利權終止的期間內取得合理授權金，範圍包括在美國境內製造、使用、販賣、提供銷售，或進口到美國本土等的行為。其中若專利涉及方法流程（process），則仍及於此使用此方法製造而使用、販售、提供銷售或進口的產品。若是國際申請案指定進入美國，則以翻譯為英文的時間為主。侵權判斷原則是產品與權利範圍實質相等來看，提出侵權訴訟的權利在專利領證後6年內。
[原文]
35 U.S.C. 284 Damages.
Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d) [[of this title]]（AIA修法後）.
The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
35 U.S.C. 154(d)
(d) PROVISIONAL RIGHTS.-
(1) IN GENERAL.- In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application for such patent under section 122(b), or in the case of an international application filed under the treaty defined in section 351(a) designating the United States under Article 21(2)(a) of such treaty, the date of publication of the application, and ending on the date the patent is issued-
(A) (i) makes, uses, offers for sale, or sells in the United States the invention as claimed in the published patent application or imports such an invention into the United States; or
(ii) if the invention as claimed in the published patent application is a process, uses, offers for sale, or sells in the United States or imports into the United States products made by that process as claimed in the published patent application; and
(B) had actual notice of the published patent application and, in a case in which the right arising under this paragraph is based upon an international application designating the United States that is published in a language other than English, had a translation of the international application into the English language.
(2) RIGHT BASED ON SUBSTANTIALLY IDENTICAL INVENTIONS.- The right under paragraph (1) to obtain a reasonable royalty shall not be available under this subsection unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published patent application.
(3) TIME LIMITATION ON OBTAINING A REASONABLE ROYALTY.- The right under paragraph (1) to obtain a reasonable royalty shall be available only in an action brought not later than 6 years after the patent is issued. The right under paragraph (1) to obtain a reasonable royalty shall not be affected by the duration of the period described in paragraph (1).
(4) REQUIREMENTS FOR INTERNATIONAL APPLICATIONS-
(A) EFFECTIVE DATE.- The right under paragraph (1) to obtain a reasonable royalty based upon the publication under the treaty defined in section 351(a) of an international application designating the United States shall commence on the date of publication under the treaty of the international application, or, if the publication under the treaty of the international application is in a language other than English, on the date on which the Patent and Trademark Office receives a translation of the publication in the English language.
(B) COPIES.- The Director may require the applicant to provide a copy of the international application and a translation thereof.
Ron
上訴損害賠償規定並不適用於美國專利法第154(d)條規定的臨時權利（provisional right）。
在154(d)(1)規範專利權授予專利權人在專利＂公開＂後到專利權終止的期間內取得合理授權金，範圍包括在美國境內製造、使用、販賣、提供銷售，或進口到美國本土等的行為。其中若專利涉及方法流程（process），則仍及於此使用此方法製造而使用、販售、提供銷售或進口的產品。若是國際申請案指定進入美國，則以翻譯為英文的時間為主。侵權判斷原則是產品與權利範圍實質相等來看，提出侵權訴訟的權利在專利領證後6年內。
[原文]
35 U.S.C. 284 Damages.
Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d) [[of this title]]（AIA修法後）.
The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
35 U.S.C. 154(d)
(d) PROVISIONAL RIGHTS.-
(1) IN GENERAL.- In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application for such patent under section 122(b), or in the case of an international application filed under the treaty defined in section 351(a) designating the United States under Article 21(2)(a) of such treaty, the date of publication of the application, and ending on the date the patent is issued-
(A) (i) makes, uses, offers for sale, or sells in the United States the invention as claimed in the published patent application or imports such an invention into the United States; or
(ii) if the invention as claimed in the published patent application is a process, uses, offers for sale, or sells in the United States or imports into the United States products made by that process as claimed in the published patent application; and
(B) had actual notice of the published patent application and, in a case in which the right arising under this paragraph is based upon an international application designating the United States that is published in a language other than English, had a translation of the international application into the English language.
(2) RIGHT BASED ON SUBSTANTIALLY IDENTICAL INVENTIONS.- The right under paragraph (1) to obtain a reasonable royalty shall not be available under this subsection unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published patent application.
(3) TIME LIMITATION ON OBTAINING A REASONABLE ROYALTY.- The right under paragraph (1) to obtain a reasonable royalty shall be available only in an action brought not later than 6 years after the patent is issued. The right under paragraph (1) to obtain a reasonable royalty shall not be affected by the duration of the period described in paragraph (1).
(4) REQUIREMENTS FOR INTERNATIONAL APPLICATIONS-
(A) EFFECTIVE DATE.- The right under paragraph (1) to obtain a reasonable royalty based upon the publication under the treaty defined in section 351(a) of an international application designating the United States shall commence on the date of publication under the treaty of the international application, or, if the publication under the treaty of the international application is in a language other than English, on the date on which the Patent and Trademark Office receives a translation of the publication in the English language.
(B) COPIES.- The Director may require the applicant to provide a copy of the international application and a translation thereof.
Ron
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