35 USC § 285 - Attorney fees

---
identifier: "/us/usc/t35/s285"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 285 - Attorney fees"
title_number: 35
title_name: "PATENTS"
section_number: "285"
section_name: "Attorney fees"
chapter_number: 29
chapter_name: "REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS"
part_number: "III"
part_name: "PATENTS AND PROTECTION OF PATENT RIGHTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 19, 1952, ch. 950, 66 Stat. 813.)"
---


# § 285. Attorney fees

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

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**Source Credit**: (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) , , (2) , , (3) , ).

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.