
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC1400]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART IV--JURISDICTION AND VENUE
 
                   CHAPTER 87--DISTRICT COURTS; VENUE
 
Sec. 1400. Patents and copyrights, mask works, and designs

    (a) 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.
    (b) 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.

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


                      Historical and Revision Notes

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


                               Amendments

    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, Sec. 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, Sec. 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''.
