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35 U.S.C. § 285

Section 285 · Attorney fees

Viewing 35 U.S.C. § 285 as in effect on November 14, 1975.

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

Editorial notes U.S. Code · Office of the Law Revision Counsel

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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