Patent CourtU.S. patent litigation reference

Which court hears patent cases in the United States?

28 U.S.C. §§ 1338(a), 1295(a), 1498(a); 19 U.S.C. § 1337; 35 U.S.C. §§ 6, 141, 145, 311–319; Federal Courts Improvement Act of 1982, Pub. L. No. 97-164, 96 Stat. 25.

The United States has no single court called "the patent court." Patent infringement suits are filed in the federal district courts, which have exclusive jurisdiction over them. Appeals in those cases go to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., and from there to the Supreme Court by certiorari. Alongside the courts, the International Trade Commission can exclude infringing imports, the USPTO's Patent Trial and Appeal Board reviews whether issued claims should be cancelled, and the Court of Federal Claims hears patent claims against the federal government.

The short answer

Patent Court (this website) is none of these. It is an independent reference site that explains how these forums work. It cannot accept filings and has no connection to any court or agency.

Federal district courts: where patent suits are tried

Section 1338(a) of Title 28 gives the district courts original jurisdiction over "any civil action arising under any Act of Congress relating to patents," and makes that jurisdiction exclusive of the state courts. The America Invents Act of 2011 reinforced the point by adding that no state court has jurisdiction over any claim for relief arising under the patent laws. A patent infringement complaint is therefore always filed in a federal district court.

Which district is decided by the patent venue statute, 28 U.S.C. § 1400(b), as read in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. 258 (2017): a domestic corporation may be sued where it is incorporated or where it has committed acts of infringement and has a regular and established place of business. See patent venue. In practice, filings concentrate in a handful of districts:

The two Texas districts are often what people mean by "patent courts in Texas." Both are ordinary federal trial courts; neither is a specialized patent tribunal. Appeals from their patent judgments go to the Federal Circuit, not the Fifth Circuit, although the Federal Circuit applies Fifth Circuit law to procedural questions not unique to patent law, such as transfer under 28 U.S.C. § 1404(a).

District courts decide infringement, validity, enforceability, and remedies. Juries are available for damages claims; claim construction is decided by the judge under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). See Markman hearings.

The Federal Circuit: the appeals court for patent cases

The U.S. Court of Appeals for the Federal Circuit was created by the Federal Courts Improvement Act of 1982 and began operating on October 1, 1982, combining the Court of Customs and Patent Appeals with the appellate division of the Court of Claims. It sits in Washington, D.C., but unlike the regional circuits its jurisdiction is defined by subject matter rather than geography.

Under 28 U.S.C. § 1295(a), the Federal Circuit has exclusive jurisdiction over, among other things:

The Federal Circuit is not exclusively a patent court: it also hears veterans, federal personnel, government contract, and international trade appeals. Patent cases are, however, a large share of its docket, and its precedent effectively governs patent law nationwide. See the Federal Circuit, Federal Circuit appeals, and standards of review. The court's official website is cafc.uscourts.gov.

The Supreme Court

Federal Circuit decisions may be reviewed by the Supreme Court on a writ of certiorari. The Court takes only a few patent cases a term, but those decisions — KSR, Alice, eBay, TC Heartland, Halo, and others in the landmark cases collection — set the framework the lower courts apply.

The ITC, the PTAB, and the Court of Federal Claims

International Trade Commission

The ITC is an independent federal agency, not an Article III court. Under 19 U.S.C. § 1337 it investigates whether imported articles infringe a U.S. patent and, if a domestic industry exists, may issue exclusion orders and cease-and-desist orders. It does not award damages. An administrative law judge conducts an evidentiary hearing, the Commission reviews, and the President has a sixty-day review period before an exclusion order becomes final. 19 U.S.C. § 1337(j). Final determinations are appealable to the Federal Circuit. See ITC Section 337 investigations.

Patent Trial and Appeal Board

The PTAB is an administrative tribunal within the USPTO. 35 U.S.C. § 6. It hears appeals from examiners' rejections and conducts AIA trials — inter partes review and post-grant review — in which a challenger asks the agency to cancel issued claims. The PTAB does not decide infringement or award damages. Its final written decisions are appealable to the Federal Circuit; an applicant dissatisfied with an examination appeal may alternatively bring a civil action against the USPTO Director in the Eastern District of Virginia under 35 U.S.C. § 145. See the IPR timeline.

Court of Federal Claims

When a patented invention is used or manufactured "by or for the United States" without a license, the patent owner's remedy is a suit against the United States in the Court of Federal Claims for "reasonable and entire compensation." 28 U.S.C. § 1498(a). The government contractor is not separately liable for that use, and no injunction is available. Appeals go to the Federal Circuit.

State courts and other forums

State courts cannot decide claims arising under federal patent law, but they do hear state-law disputes that involve patents — license and royalty contract disputes, ownership and employment agreements, and legal-malpractice claims. In Gunn v. Minton, 568 U.S. 251 (2013), the Supreme Court held that a state-law malpractice claim arising from the handling of a patent case did not "arise under" federal patent law for purposes of § 1338, so it belonged in state court.

Two foreign bodies are sometimes confused with U.S. forums. The Unified Patent Court is a court common to participating European Union member states that began operating on June 1, 2023; it has no jurisdiction over U.S. patents. The Patents Court in England and Wales is a specialist list of the High Court. Neither is connected to this site.

Frequently asked questions

Which federal appeals court hears patent cases?

The U.S. Court of Appeals for the Federal Circuit, based in Washington, D.C., hears appeals in patent cases from every federal district court, as well as appeals from the PTAB, the ITC, and the Court of Federal Claims. 28 U.S.C. § 1295(a).

Is there a special federal patent court for trials?

No. Patent infringement suits are tried in the ordinary federal district courts, which have exclusive jurisdiction under 28 U.S.C. § 1338(a). Some districts, such as the Eastern District of Texas and the Northern District of California, have special patent rules, but they are general-purpose trial courts.

Can a state court hear a patent infringement case?

No. Claims arising under the patent laws must be brought in federal court. State courts can hear related state-law disputes, such as license contract claims or legal-malpractice claims, as in Gunn v. Minton (2013).

Can Federal Circuit decisions be appealed?

Yes, by petition for a writ of certiorari to the U.S. Supreme Court, which grants review in only a few patent cases each term. A party may also petition the Federal Circuit for rehearing en banc.

Is patentcourt.org an official court website?

No. Patent Court is an independent reference website about U.S. patent litigation. It is not a court, is not affiliated with any court or with the USPTO, and cannot accept filings. Use the official court or agency website for filings and rules.

See also

Authorities

Statutes

  • 28 U.S.C. § 1338(a) — exclusive district court jurisdiction
  • 28 U.S.C. § 1295(a) — Federal Circuit jurisdiction
  • 28 U.S.C. § 1400(b) — patent venue
  • 28 U.S.C. § 1498(a) — suits against the United States
  • 19 U.S.C. § 1337 — ITC unfair import investigations
  • 35 U.S.C. §§ 6, 141, 145, 319, 329 — PTAB and review of its decisions
  • Federal Courts Improvement Act of 1982, Pub. L. No. 97-164, 96 Stat. 25

Cases

  • Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)
  • Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826 (2002)
  • Gunn v. Minton, 568 U.S. 251 (2013)
  • TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. 258 (2017)

Last reviewed: October 2026