35 U.S.C. § 281
Section 281 · Remedy for infringement of patent
Amended 1 time on record
Applied in 321 court decisions — leading case Rite-Hite Corporation Hmh Hoj Rb We v. Kelley Company Inc (1995)
Most recently applied in Gauthier v. Gauthier (February 2025)
Applied most in the Third Circuit Circuit (32 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1338 · 35 U.S.C. § 100 · 35 U.S.C. § 271
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. 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 patentee shall have remedy by civil action for infringement of his patent.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §§67 and 70, part (R.S. 4919; 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).
The corresponding two sections of existing law are divided among sections 281, 283, 284, 285, 286 and 289 with some changes in language. Section 281 serves as an introduction or preamble to the following sections, the modern term civil action is used, there would be, of course, a right to a jury trial when no injunction is sought.
Cross References
Action against United States in United States Court of Federal Claims for use and manufacture of invention, see section 1498 of Title 28, Judiciary and Judicial Procedure.
Jurisdiction, district courts as having original and exclusive jurisdiction of civil actions arising under any Act of Congress relating to patents, see section 1338 of Title 28.
Power of court to grant injunctions, see section 283 of this title.
Service of process in infringement action, see section 1694 of Title 28.
Venue of actions for infringement, see section 1400 of Title 28.