28 U.S.C. § 1338: Exclusive federal jurisdiction over patent and copyright cases

Citation: 28 U.S.C. § 1338

Type: Statute

Jurisdiction: Federal

Issuing body: U.S. Congress

Status: In force

Federal district courts have exclusive jurisdiction over claims arising under the patent and copyright laws under subsection (a). A state-law claim that merely involves a patent question, such as legal malpractice in a patent case, can stay in state court.

Related guides.

• Where Patent Cases Are Heard: Venue, Transfer, and the ITC
• Where IP Disputes Are Heard in Texas

Sources.

• Cornell LII: 28 U.S.C. § 1338

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