Article Suggestion: Long-arm jurisdiction for foreign patent owners

35 U.S.C. §293 is a long-arm statute that applies to non-resident owners of patents.  Historically, it allowed non-resident patent owners to be sued in D.C. District Court; however, that was revised to the Eastern District of Virginia with the passage of the AIA.  The statute reads:


Every patentee not residing in the United States may file in the Patent and Trademark Office a written designation stating the name and address of a person residing within the United States on whom may be served process or notice of proceedings affecting the patent or rights thereunder. If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall have jurisdiction and summons shall be served by publication or otherwise as the court directs. The court shall have the same jurisdiction to take any action respecting the patent or rights thereunder that it would have if the patentee were personally within the jurisdiction of the court.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; amended Sept. 16, 2011, Public Law 112-29, sec. 9, 125 Stat. 284.)

See .

It might be of interest to foreign patent owners if someone were to write an article outlining the best jurisdictions where service of process should be designated.  Foreign patent owners might prefer the Eastern District of Texas, for example, rather than defaulting to the E.D of Virginia.

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