US Code

Public Law 119-73 (01/23/2026)

28 U.S.C. § 1400

Patents and copyrights, mask works, and designs

(a)
Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works or designs may be instituted in the district in which the defendant or his agent resides or may be found.
(b)
Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.

June 25, 1948, ch. 64662 Stat. 936Pub. L. 100–702, title X, § 1020(a)(5)102 Stat. 4671Pub. L. 105–304, title V, § 503(c)(1)112 Stat. 2917Pub. L. 106–44, § 2(a)113 Stat. 223(, ; , , ; , (2), , ; , , .)

Historical and Revision Notes

section 35 of title 17Mar. 4, 1909, ch. 320, § 3535 Stat. 1084Mar. 3, 1911, ch. 231, § 4836 Stat. 1100Based on title 28, U.S.C., 1940 ed., § 109, and , U.S.C., 1940 ed., Copyrights (, ; , ).

section 35 of title 17section 109 of title 28Section consolidates , U.S.C., 1940 ed., with part of , U.S.C., 1940 ed., with necessary changes in phraseology.

section 109 of title 28Subsection (b) is based on , U.S.C., 1940 ed., with the following changes:

Words “civil action” were substituted for “suit,” and words “in law or in equity,” after “shall have jurisdiction” were deleted, in view of Rule 2 of the Federal Rules of Civil Procedure.

section 1391 of this titleWords in subsection (b) “where the defendant resides” were substituted for “of which the defendant is an inhabitant.” A corresponding change was made in subsection (a). Words “inhabitant” and “resident,” as respects venue, are synonymous. (See reviser’s note under .)

Words “whether a person, partnership, or corporation” before “has committed” were omitted as surplusage.

section 109 of title 28section 1694 of this titleThe provisions of , U.S.C., 1940 ed., relating to process are incorporated in .

section 72a of title 35Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see , U.S.C., 1940 ed., Patents.

Senate Revision Amendment

act July 30, 1947, ch. 39161 Stat. 652

Mar. 3, 1911, ch. 231, § 4836 Stat. 1100section 111 of Title 17“Based on Title 28, U.S.C., 1940 ed., § 109 (, ), and , U.S.C., 1946 ed., Copyrights.”
section 111 of Title 17Title 17 of the United States Code was enacted into positive law by , , and, in such enactment, section 35 of the prior title became section 111 of the new title, and all Acts from which sections of the prior title had been derived, were repealed. Therefore, this paragraph should read: By Senate amendment, U.S.C., is included in the schedule of repeals. See 80th Congress Senate Report No. 1559.

Editorial Notes

Amendments

Pub. L. 106–441999— amended section catchline generally so as to read “Patents and copyrights, mask works, and designs”.

Pub. L. 105–304, § 503(c)(2)1998—, amended section catchline generally, substituting “Patents and copyrights, mask works, and designs” for “Patents and copyrights”.

Pub. L. 105–304, § 503(c)(1)Subsec. (a). , inserted “or designs” after “mask works”.

Pub. L. 100–7021988—Subsec. (a). inserted “or exclusive rights in mask works” after “copyrights”.