28 U.S.C. § 1400
Section 1400 · Patents and copyrights, mask works, and designs
Amended 3 times on record
Applied in 824 court decisions — leading case Hoffman v. Blaski (1960)
Most recently applied in Karl Tobien v. Nationwide Gen. Ins. Co. (April 2025)
Applied most in the Third Circuit Circuit (78 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1391 · 28 U.S.C. § 1404 · 28 U.S.C. § 1338
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendment of Section
For termination of amendment by section 505 of Pub. L. 105–304, see Effective and Termination Dates of 1998 Amendment note below.
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §109, and section 35 of title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, §35, 35 Stat. 1084; Mar. 3, 1911, ch. 231, §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., §109 (Mar. 3, 1911, ch. 231, §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
1998—Pub. L. 105–304, §§503(c)(2), 505, temporarily amended section catchline generally, substituting “Patents and copyrights, mask works, and designs” for “Patents and copyrights”. See Effective and Termination Dates of 1998 Amendment note below.
Subsec. (a). Pub. L. 105–304, §§503(c)(1), 505, temporarily inserted “or designs” after “mask works”. See Effective and Termination Dates of 1998 Amendment note below.
1988—Subsec. (a). Pub. L. 100–702 inserted “or exclusive rights in mask works” after “copyrights”.
Effective and Termination Dates of 1998 Amendment
Amendment by Pub. L. 105–304 effective Oct. 28, 1998, and to remain in effect until the end of the 2-year period beginning on such date, see section 505 of Pub. L. 105–304, set out as an Effective and Termination Dates note under section 1301 of Title 17, Copyrights.
Federal Rules of Civil Procedure
Process, see rule 4, Appendix to this title.
Cross References
Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see sections 146 and 291 of Title 35, Patents.
Jurisdiction of district courts in patent or copyright actions, see section 1338 of this title.
Jurisdiction and legal remedy for unauthorized use or disclosure of patents and technical information, see section 2356 of Title 22, Foreign Relations and Intercourse.
Process in patent infringement action, see section 1694 of this title.