§ 285. Attorney fees

111 words·~1 min read·/usc/title-35/section-285

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The court in exceptional cases may award reasonable attorney fees to the prevailing party.

(July 19, 1952, ch. 950, 66 Stat. 813.)

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.

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Public Law 98–417
To amend the Federal Food, Drug, and Cosmetic Act to revise the procedures for new drug applications, to amend title 35, United States Code, to authorize the extension of the patents for certain regulated products, and for other purposes

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8 references not yet in our index

July 19, 1952, ch. 950
66 Stat. 813
Mar. 3, 1897, ch. 391, § 6
29 Stat. 694
Feb. 18, 1922, ch. 58, § 8
42 Stat. 392
Aug. 1, 1946, ch. 726, § 1
60 Stat. 778

Citation graph

cites case law

§ 285

Attorney fees

Fed. Reg.×2

Stat.×1

ActJuly 19, 1952, ch. 950

Stat.66 Stat. 813

ActMar. 3, 1897, ch. 391, § 6

Stat.29 Stat. 694

ActFeb. 18, 1922, ch. 58, § 8

Cites 8 · showing 5Cited by 3 across 2 sources