Title 35, PatentsRelease 119-102
§285 Attorney Fees
Title 35 › PART III — PATENTS AND PROTECTION OF PATENT RIGHTS › CHAPTER 29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 285
Summary
A judge can require the losing side to pay the winner’s reasonable lawyer fees, but only in rare or exceptional cases.
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 35, Patents
Last Updated
Aug 21, 2026
Release point: 119-102