---
kind: "section"
citation: "35 U.S.C. § 285"
title: "35"
title_heading: "Patents"
number: "285"
heading: "Attorney fees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/35/285"
units:
  - "Part III — Patents and Protection of Patent Rights"
  - "Chapter 29 — Remedies for Infringement of Patent, and Other Actions"
---

# §285. Attorney fees


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


## Source credit

(July 19, 1952, ch. 950, 66 Stat. 813.)

## Notes

### 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.