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Title 35, PatentsRelease 119-110

§299 Joinder of Parties

Title 35 › PART III — PATENTS AND PROTECTION OF PATENT RIGHTS › CHAPTER 29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 299

Last updated Sep 22, 2026|Official source

Summary

Tells when several accused infringers can be joined in the same patent lawsuit. They can be put in one case only if two things are true: the claim against them comes from the same act or series of acts involving the same accused product or process (like making, using, importing, offering for sale, or selling it), and the case will involve facts that are common to all the accused parties. This rule does not apply when the complaint says infringement under section 271(e)(2). The law also says you cannot join defendants just because each is accused of infringement, and any accused party may choose to waive these limits.

Full Legal Text

Title 35, §299

Patents, Source: USLM XML via OLRC

(a)Joinder of Accused Infringers.—
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)Allegations Insufficient for Joinder.—
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)Waiver.—
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

Sep 22, 2026

Release point: 119-110