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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 35 U.S.C. § 299 Joinder of parties us united_states_code code_section 35 PATENTS 29 REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS 299 35 U.S.C. § 299 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip /us/usc/t35/s299 data/legal/raw/us/code/title-35/usc35.xml d32bbc960ea403e2d24a19f21cb4e6d32ce35a4eb5f68c0fdd7fb4fb54293537 736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3 45d5bc7ce859ea4816aab32d73af5bd72d784fc74f9de825348d19d3759aa853 2026-07-04 official
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35 U.S.C. § 299 - Joinder of parties

Text

(a) Joinder of Accused Infringers.— With respect to any civil action arising under any Act of Congress relating to patents, other than an action or trial in which an act of infringement under section 271(e)(2) has been pled, parties that are accused infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, only if—

(1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and

(2) questions of fact common to all defendants or counterclaim defendants will arise in the action.

(b) Allegations Insufficient for Joinder.— For purposes of this subsection, accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, based solely on allegations that they each have infringed the patent or patents in suit.

(c) Waiver.— A party that is an accused infringer may waive the limitations set forth in this section with respect to that party.

(Added Pub. L. 11229, § 19(d)(1), Sept. 16, 2011, 125 Stat. 332; amended Pub. L. 112274, § 1(c), Jan. 14, 2013, 126 Stat. 2456.)

Notes

Editorial Notes

Amendments2013—Subsec. (a). Pub. L. 112274 substituted “only if” for “or counterclaim defendants only if” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 AmendmentAmendment by Pub. L. 112274 effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Pub. L. 112274, set out as a note under section 5 of this title.

Effective DateSection applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 11229, set out as an Effective Date of 2011 Amendment note under section 1295 of Title 28, Judiciary and Judicial Procedure.