Title 35 — PatentsRelease 119-73
§299 Joinder of parties
Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 29— - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 299
Summary
Allows people or companies accused of patent infringement to be sued together only in limited cases. They can be joined or have trials combined when the claims against them arise from the same product or process and the same events, and when the case will involve factual questions common to all of them. This rule does not apply to suits under section 271(e)(2). A defendant can agree to give up these limits.
Full Legal Text
Title 35, §299
Patents — Source: USLM XML via OLRC
(a)With respect to any civil action arising under any Act of Congress relating to patents, other than an action or trial in which an act of infringement under section 271(e)(2) has been pled, parties that are accused infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, only if—
(1)any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and
(2)questions of fact common to all defendants or counterclaim defendants will arise in the action.
(b)For purposes of this subsection, accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, based solely on allegations that they each have infringed the patent or patents in suit.
(c)A party that is an accused infringer may waive the limitations set forth in this section with respect to that party.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2013—Subsec. (a). Pub. L. 112–274 substituted “only if” for “or counterclaim defendants only if” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date
of 2013 AmendmentAmendment by Pub. L. 112–274 effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Pub. L. 112–274, set out as a note under section 5 of this title.
Effective Date
Section applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 112–29, set out as an
Effective Date
of 2011 Amendment note under section 1295 of Title 28, Judiciary and Judicial Procedure.
Reference
Citations & Metadata
Citation
35 U.S.C. § 299
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73