Title 35 — Patents
Part III · Chapter 29 — Remedies for Infringement of Patent, and Other Actions
§ 285. Attorney fees
Statutory text
The court in exceptional cases may award reasonable attorney fees to the prevailing party.
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.
(July 19, 1952, ch. 950, 66 Stat. 813.) · 66 Stat. 813
Enacted · 35 U.S.C. § 285
(July 19, 1952, ch. 950, 66 Stat. 813.)
Source evidence
Code source credit
(July 19, 1952, ch. 950, 66 Stat. 813.)
0 of 1 references resolved to an enrolled provision · 1 partial
Notes
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.
Credits
(July 19, 1952, ch. 950, 66 Stat. 813.)