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

35 U.S.C. § 285

Attorney fees

The court in exceptional cases may award reasonable attorney fees to the prevailing party.

July 19, 1952, ch. 95066 Stat. 813(, .)

Historical and Revision Notes

Mar. 3, 1897, ch. 391, § 629 Stat. 694Feb. 18, 1922, ch. 58, § 842 Stat. 392Aug. 1, 1946, ch. 726, § 160 Stat. 778Based on Title 35, U.S.C., 1946 ed., § 70, part (R.S. 4921, amended (1) , , (2) , , (3) , ).

This section is substantially the same as the corresponding provision in R.S. 4921; “in exceptional cases” has been added as expressing the intention of the present statute as shown by its legislative history and as interpreted by the courts.