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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.

  1. (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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc35.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t35/s285