§ 1400. — Patents and copyrights, mask works, and designs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1400]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 87--DISTRICT COURTS; VENUE
Sec. 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. 646, 62 Stat. 936; Pub. L. 100-702, title X,
Sec. 1020(a)(5), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105-304, title
V, Sec. 503(c)(1), (2), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106-44,
Sec. 2(a), Aug. 5, 1999, 113 Stat. 223.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 109, and section 35 of
title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, Sec. 35,
35 Stat. 1084; Mar. 3, 1911, ch. 231, Sec. 48, 36 Stat. 1100).
Section consolidates section 35 of title 17, U.S.C., 1940 ed., with
part of section 109 of title 28, U.S.C., 1940 ed., with necessary
changes in phraseology.
Subsection (b) is based on section 109 of title 28, 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.
Words 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 section 1391 of this title.)
Words ``whether a person, partnership, or corporation'' before ``has
committed'' were omitted as surplusage.
The provisions of section 109 of title 28, U.S.C., 1940 ed.,
relating to process are incorporated in section 1694 of this title.
Jurisdiction and venue of patent suits against residents of foreign
countries or persons residing in plurality of districts, see section 72a
of title 35, U.S.C., 1940 ed., Patents.
Senate Revision Amendment
Title 17 of the United States Code was enacted into positive law by
act July 30, 1947, ch. 391, 61 Stat. 652, 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: ``Based on Title 28,
U.S.C., 1940 ed., Sec. 109 (Mar. 3, 1911, ch. 231, Sec. 48, 36 Stat.
1100), and section 111 of Title 17, U.S.C., 1946 ed., Copyrights.'' By
Senate amendment, section 111 of Title 17 U.S.C., is included in the
schedule of repeals. See 80th Congress Senate Report No. 1559.
Amendments
1999--Pub. L. 106-44 amended section catchline generally so as to
read ``Patents and copyrights, mask works, and designs''.
1998--Pub. L. 105-304, Sec. 503(c)(2), amended section catchline
generally, substituting ``Patents and copyrights, mask works, and
designs'' for ``Patents and copyrights''.
Subsec. (a). Pub. L. 105-304, Sec. 503(c)(1), inserted ``or
designs'' after ``mask works''.
1988--Subsec. (a). Pub. L. 100-702 inserted ``or exclusive rights in
mask works'' after ``copyrights''.
