Special Jurisdictional Issues – Other

A special process has been created to adjudicate patent infringement claims against the United States. The jurisdiction for such claims lies with the United States Court of Federal Claims.

Patent Infringement Claims Against the US

The United States Court of Federal Claims has jurisdiction over all actions brought by patent holders against alleged infringement by the United States government. By law, the United States government cannot be sued for infringement of a patent “without its consent.”

Congress has determined that the U.S. government consents to be sued for reasonable compensation for the infringing use or manufacture of a patented object directly by the United States, or by a contractor of the United States who does not have a license to practice the invention.

Jurisdiction over patent infringement by US Residents by those living abroad

35 USC 293 gives the District Court of the District of Columbia jurisdiction in cases where a patent holder who does not reside in the United States accuses a resident of the United States of patent infringement.