1997 US Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART IV - JURISDICTION AND VENUE
CHAPTER 87 - DISTRICT COURTS; VENUE
Sec. 1400 - Patents and copyrights
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 3, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE Sec. 1400 - Patents and copyrights |
Contains | section 1400 |
Date | 1997 |
Laws in Effect as of Date | January 26, 1998 |
Positive Law | Yes |
Disposition | standard |
Source Credit | June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 100-702, title X, §1020(a)(5), Nov. 19, 1988, 102 Stat. 4671. |
Statutes at Large References | 35 Stat. 1084 36 Stat. 1100 61 Stat. 652 62 Stat. 936 102 Stat. 4671 |
Public Law References | Public Law 100-702 |
§1400. Patents and copyrights
(a) Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works 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, §1020(a)(5), Nov. 19, 1988, 102 Stat. 4671.)
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §109, and section 35 of title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, §35, 35 Stat. 1084; Mar. 3, 1911, ch. 231, §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 AmendmentTitle 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., §109 (Mar. 3, 1911, ch. 231, §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.
Amendments1988—Subsec. (a). Pub. L. 100–702 inserted “or exclusive rights in mask works” after “copyrights”.
Federal Rules of Civil ProcedureProcess, see rule 4, Appendix to this title.
Cross ReferencesJurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see sections 146 and 291 of Title 35, Patents.
Jurisdiction of district courts in patent or copyright actions, see section 1338 of this title.
Jurisdiction and legal remedy for unauthorized use or disclosure of patents and technical information, see section 2356 of Title 22, Foreign Relations and Intercourse.
Process in patent infringement action, see section 1694 of this title.
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