§ 1400. Patents and copyrights, mask works, and designs

Statutory text

Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works or designs may be instituted in the district in which the defendant or his agent resides or may be found.

Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1400
June 25, 1948, ch. 646, 62 Stat. 936
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 936
1988
Judicial Improvements and Access to Justice Act
Pub. L. 100–702 title X § 1020(a)(5) · 102 Stat. 4642
Inserted · 28 U.S.C. § 1400(a)
Pub. L. 100–702 inserted “or exclusive rights in mask works” after “copyrights”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–702 inserted “or exclusive rights in mask works” after “copyrights”.
Enacted provision · exact public law section
(5) Section 1400(a) is amended by inserting “or exclusive rights in mask works” after “copyrights”.
1998
Vessel Hull Design Protection Act
Pub. L. 105–304 § 503(c)(2) · 112 Stat. 2860
1. Amended · 28 U.S.C. § 1400
  Pub. L. 105–304, § 503(c)(2), amended section catchline generally
2. Substituted · 28 U.S.C. § 1400
  Pub. L. 105–304, § 503(c)(2), substituting “Patents and copyrights, mask works, and designs” for “Patents and copyrights”
Source evidence
Code amendment note
Pub. L. 105–304, § 503(c)(2), amended section catchline generally, substituting “Patents and copyrights, mask works, and designs” for “Patents and copyrights”.
Enacted provision · exact public law section
(2) The section heading for section 1400 of title 28, United States Code, is amended to read as follows:
1998
Vessel Hull Design Protection Act
Pub. L. 105–304 § 503(c)(1) · 112 Stat. 2860
Inserted · 28 U.S.C. § 1400(a)
Pub. L. 105–304, § 503(c)(1), inserted “or designs” after “mask works”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–304, § 503(c)(1), inserted “or designs” after “mask works”.
Enacted provision · exact public law section
(1) Section 1400(a) of title 28, United States Code, is amended by inserting “or designs” after “mask works”.
1999
Pub. L. 106–44 § 2(a) · 113 Stat. 221
Amended · 28 U.S.C. § 1400
Pub. L. 106–44 amended section catchline generally so as to read “Patents and copyrights, mask works, and designs”
Source evidence
Code amendment note
Pub. L. 106–44 amended section catchline generally so as to read “Patents and copyrights, mask works, and designs”.
Enacted provision · exact public law section
(a) Clerical Amendment to Title 28, U.S.C.— The section heading for section 1400 of title 28, United States Code, is amended to read as follows: “§ 1400. Patents and copyrights, mask works, and designs”.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 109, and section 35 of title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, § 35, 35 Stat. 1084; Mar. 3, 1911, ch. 231, § 48, 36 Stat. 1100).

Section consolidates section 35 of title 17, U.S.C., 1940 ed., with part of section 109 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology.

Subsection (b) is based on section 109 of title 28, U.S.C., 1940 ed., with the following changes:

Words “civil action” were substituted for “suit,” and words “in law or in equity,” after “shall have jurisdiction” were deleted, in view of Rule 2 of the Federal Rules of Civil Procedure.

Words in subsection (b) “where the defendant resides” were substituted for “of which the defendant is an inhabitant.” A corresponding change was made in subsection (a). Words “inhabitant” and “resident,” as respects venue, are synonymous. (See reviser’s note under section 1391 of this title.)

Words “whether a person, partnership, or corporation” before “has committed” were omitted as surplusage.

The provisions of section 109 of title 28, U.S.C., 1940 ed., relating to process are incorporated in section 1694 of this title.

Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see section 72a of title 35, U.S.C., 1940 ed., Patents.

Senate Revision Amendment

Title 17 of the United States Code was enacted into positive law by act July 30, 1947, ch. 391, 61 Stat. 652, and, in such enactment, section 35 of the prior title became section 111 of the new title, and all Acts from which sections of the prior title had been derived, were repealed. Therefore, this paragraph should read: “Based on Title 28, U.S.C., 1940 ed., § 109 (Mar. 3, 1911, ch. 231, § 48, 36 Stat. 1100), and section 111 of Title 17, U.S.C., 1946 ed., Copyrights.” By Senate amendment, section 111 of Title 17 U.S.C., is included in the schedule of repeals. See 80th Congress Senate Report No. 1559.

Editorial Notes

Amendments1988–1999 · 3 rounds

1999

Pub. L. 106–44 amended section catchline generally so as to read “Patents and copyrights, mask works, and designs”.

1998

Pub. L. 105–304, § 503(c)(2), amended section catchline generally, substituting “Patents and copyrights, mask works, and designs” for “Patents and copyrights”.

Subsec. (a). Pub. L. 105–304, § 503(c)(1), inserted “or designs” after “mask works”.

1988

Subsec. (a). Pub. L. 100–702 inserted “or exclusive rights in mask works” after “copyrights”.

Credits

1948–1999 · 4 acts

1948June 25, 1948, ch. 646, 62 Stat. 936
1988Pub. L. 100–702, title X, § 1020(a)(5), Nov. 19, 1988, 102 Stat. 4671
1998Pub. L. 105–304, title V, § 503(c)(1), (2), Oct. 28, 1998, 112 Stat. 2917
1999Pub. L. 106–44, § 2(a), Aug. 5, 1999, 113 Stat. 223.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 100–702, title X, § 1020(a)(5), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105–304, title V, § 503(c)(1), (2), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106–44, § 2(a), Aug. 5, 1999, 113 Stat. 223.)