# § 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.
---
**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 100–702, title X, § 1020(a)(5), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105–304, title V, § 503(c)(1), (2), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106–44, § 2(a), Aug. 5, 1999, 113 Stat. 223.)
### Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 109, and , U.S.C., 1940 ed., Copyrights (, ; , ).
Section consolidates , U.S.C., 1940 ed., with part of , U.S.C., 1940 ed., with necessary changes in phraseology.
Subsection (b) is based on , 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 .)
Words “whether a person, partnership, or corporation” before “has committed” were omitted as surplusage.
The provisions of , U.S.C., 1940 ed., relating to process are incorporated in .
Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see , U.S.C., 1940 ed., Patents.
### Senate Revision Amendment
> “Based on Title 28, U.S.C., 1940 ed., § 109 (
>
> ,
>
> ), and
>
> , U.S.C., 1946 ed., Copyrights.”
Title 17 of the United States Code was enacted into positive law by , , 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title became section 111 of the new title, and all Acts from which sections of the prior title had been derived, were repealed.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:
By Senate amendment, U.S.C., is included in the schedule of repeals. See 80th Congress Senate Report No. 1559.
## Editorial Notes
### Amendments
1999— amended section catchline generally so as to read “Patents and copyrights, mask works, and designs”.
1998—, amended section catchline generally, substituting “Patents and copyrights, mask works, and designs” for “Patents and copyrights”.
Subsec. (a). , inserted “or designs” after “mask works”.
1988—Subsec. (a). inserted “or exclusive rights in mask works” after “copyrights”.