28 U.S. Code § 1400 - Patents and copyrights, mask works, and designs
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.
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.
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title became section 111 of the new title, and all Acts from which sections of the prior title had been derived, were repealed.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:
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”.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.