Title 35PatentsRelease 119-73

§285 Attorney fees

Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 29— - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 285

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 35, §285

Patents — Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 70, part (R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, § 6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, § 8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, § 1, 60 Stat. 778). 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.

Reference

Citations & Metadata

Citation

35 U.S.C. § 285

Title 35Patents

Last Updated

Apr 6, 2026

Release point: 119-73