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Title 35 — PatentsRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Limits when people accused of patent infringement can be sued together in one case. They can only be put in the same lawsuit if the claim against them all arises from the same product or process and the same set of events about making, using, importing, offering for sale, or selling it, and the case will involve common facts for all of them. You cannot join defendants just because each is accused of infringing. A defendant can agree to be joined anyway.

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 5, 2026

Release point: 119-73not60