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28 U.S.C. § 1338 — Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
**(b)** The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws.
**(c)** Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights.
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Stable record: federal_law:legal_authorities:record_usc_69c0f301f1a83789826c4efe
Source file: Laws/federal/codes/united-states-code/title-28/section-1338-patents-plant-variety-protection-copyrights-mask-works-designs-trademark--b0578321d9.md
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Source location: Title 28, Chapter 85, § 1338; chapter-085-district-courts-jurisdiction.md
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**(a)** The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
**(b)** The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws.
**(c)** Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights.
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established in the Department of Agriculture an office to be known as the Plant Variety Protection Office, which shall have the functions set forth in this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2321
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1) of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection;
(2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on [section 1346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346&num=0&edition=prelim), except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title;
(3) of an appeal from a final decision of the United States Court of Federal Claims;
(4) of an appeal from a decision of—
(A) the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that party’s right to participate in the applicable proceeding
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1295
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for use of trademark**
(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by othe
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1051
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.
**(b)** Nothing in this title annuls or limits any rights or remedies under the common law or statutes of any State with respect to—
(1) subject matter that does not come within the subject matter of copyright as specified by sections 102 and 103, including works of authorship not fixed in any tangible medium of expression; or
(2) any cause of action arising from undertakings commenced before January 1, 1978;
(3) activities violating legal or equitable rights that are not equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106; or
(4) State and local landmarks, historic preservation, zoning, or building codes, relating to architectural works protected under section 102(a)(8).
**(c)** Notwithstanding the provisions of section 303, and in accordance with chapter 14, no sound recording fixed before February 15, 1972, shall be subject to copyright under this title. With respect to sound recordings fixed before February 15, 1972, the preemptive provisions of subsection (a) shall apply to activities that are commenced on and after the date of enactment of the Classics Protection and Access Act. Nothing in this subsection may be co
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Infringer’s Civil Action.—**
(1) **Inter partes review barred by civil action.—** — An inter partes review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent.
(2) **Stay of civil action.—** — If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner files a petition for inter partes review of the patent, that civil action shall be automatically stayed until either—
(A) the patent owner moves the court to lift the stay;
(B) the patent owner files a civil action or counterclaim alleging that the petitioner or real party in interest has infringed the patent; or
(C) the petitioner or real party in interest moves the court to dismiss the civil action.
(3) **Treatment of counterclaim.—** — A counterclaim challenging the validity of a claim of a patent does not constitute a civil action challenging the validity of a claim of a patent for purposes of this subsection.
**(b) Patent Owner’s Action.—** An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent. The time limitation set forth in the preceding sentence shall not apply to a request for joinder under subsection (c).
**(c) Joinder.—** If the Director institutes an inter partes review, the Director, in his or her discretion, may join as a party to that inter partes review any person who properly files a petition under section 311 that the Director,
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 315
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the provisions of this chapter, a person who is not the owner of a patent may file with the Office a petition to institute a post-grant review of the patent. The Director shall establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the post-grant review.
**(b) Scope.—** A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim).
**(c) Filing Deadline.—** A petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Infringer’s Civil Action.—**
(1) **Post-grant review barred by civil action.—** — A post-grant review may not be instituted under this chapter if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent.
(2) **Stay of civil action.—** — If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner files a petition for post-grant review of the patent, that civil action shall be automatically stayed until either—
(A) the patent owner moves the court to lift the stay;
(B) the patent owner files a civil action or counterclaim alleging that the petitioner or real party in interest has infringed the patent; or
(C) the petitioner or real party in interest moves the court to dismiss the civil action.
(3) **Treatment of counterclaim.—** — A counterclaim challenging the validity of a claim of a patent does not constitute a civil action challenging the validity of a claim of a patent for purposes of this subsection.
**(b) Preliminary Injunctions.—** If a civil action alleging infringement of a patent is filed within 3 months after the date on which the patent is granted, the court may not stay its consideration of the patent owner’s motion for a preliminary injunction against infringement of the patent on the basis that a petition for post-grant review has been filed under this chapter or that such a post-grant review has been instituted under this chapter.
**(c) Joinder.—** If more than 1 petition for a post-grant review under this chapter is properly filed against the same patent and the Director determines that more than 1 of these petitions
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 325
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Federal law — U.S. Code and appendices · legal_authorities
Page 371
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1338
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 41(27), (28) (Mar. 3,
1911, ch. 231, §§ 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22,
1913, ch. 32, 38 Stat. 219).
Words ‘‘Except as otherwise provided by enactment of
Congress’’ were inserted because of certain similar
cases of which the courts of appeals are given jurisdic-
tion. (See, for example, section 21 of title 15, U.S.C.,
1940 ed., Commerce and Trade.)
Words ‘‘any civil action’’ were substituted for ‘‘all
cases’’ and ‘‘cases’’ in view of Rule 2 of the Federal
Rules of Civil Procedure.
Changes were made in phraseology.
Editorial Notes
AMENDMENTS
1995—Pub. L. 104–88 substituted ‘‘Surface Transpor-
tation Board’s’’ for ‘‘Interstate Commerce Commis-
sion’s’’ in section catchline and ‘‘Surface Transpor-
tation Board’’ for ‘‘Interstate Commerce Commission’’
wherever appearing in text.
1992—Subsec. (b). Pub. L. 102–572 substituted ‘‘United
States Court of Federal Claims’’ for ‘‘United States
Claims Court’’.
1982—Subsec. (b). Pub. L. 97–164 substituted ‘‘United
States Claims Court’’ for ‘‘Court of Claims’’.
1975—Subsec. (a). Pub. L. 93–584 substituted provi-
sions that the district courts shall have jurisdiction of
civil actions to enforce, in whole or in part, orders of
the Interstate Commerce Commission, and to enjoin or
suspend, in whole or in part, any order of the Interstate
Commerce Commission for the payment of money or
the collection of fines, penalties, and forfeitures, for
provisions that the district courts shall have jurisdic-
tion of civil actions to enforce, enjoin, set aside, annul
or suspend, in whole or in part, any order of the Inter-
state Commerce Commission.
1964—Pub. L. 88–513 designated exi
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1338
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