United States Code/Title 35/Chapter 13/Section 141

by the United States Government

Section 141. Appeal to Court of Appeals for the Federal Circuit

An applicant dissatisfied with the decision in an appeal to the Board of Patent Appeals and Interferences under section 134 of this title may appeal the decision to the United States Court of Appeals for the Federal Circuit. By filing such an appeal the applicant waives his or her right to proceed under section 145 of this title. A patent owner, or a third-party requester in an inter partes reexamination proceeding, who is in any reexamination proceeding dissatisfied with the final decision in an appeal to the Board of Patent Appeals and Interferences under section 134 may appeal the decision only to the United States Court of Appeals for the Federal Circuit. A party to an interference dissatisfied with the decision of the Board of Patent Appeals and Interferences on the interference may appeal the decision to the United States Court of Appeals for the Federal Circuit, but such appeal shall be dismissed if any adverse party to such interference, within twenty days after the appellant has filed notice of appeal in accordance with section 142 of this title, files notice with the Director that the party elects to have all further proceedings conducted as provided in section 146 of this title. If the appellant does not, within thirty days after the filing of such notice by the adverse party, file a civil action under section 146, the decision appealed from shall govern the further proceedings in the case.

Source

(July 19, 1952, ch. 950, 66 Stat. 802; Pub. L. 97-164, title I, Sec. 163(a)(7), (b)(2), Apr. 2, 1982, 96 Stat. 49, 50; Pub. L. 98-622, title II, Sec. 203(a), Nov. 8, 1984, 98 Stat. 3387; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4605(c), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-571, 1501A-582; Pub. L. 107-273, div. C, title III, Secs. 13106(c), 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1901, 1906.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., Sec. 59a (R.S. 4911, amended (1) Mar. 2, 1927, ch. 273, Sec. 8, 44 Stat. 1336, (2) Mar. 2, 1929, ch. 488, Sec. 2a, 45 Stat. 1476, (3) Aug. 5, 1939, ch. 451, Sec. 3, 53 Stat. 1212).

Changes in language are made.

Amendments

2002

Pub. L. 107-273, Sec. 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.

Pub. L. 107-273, Sec. 13106(c), inserted “, or a third-party requester in an inter partes reexamination proceeding, who is” after “patent owner” in third sentence.

Effective Date of 2002 Amendment

Amendment by section 13106(c) of Pub. L. 107-273 applicable with respect to any reexamination proceeding commenced on or after Nov. 2, 2002, see section 13106(d) of Pub. L. 107-273, set out as a note under section 134 of this title.

1999

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273, Sec. 13206(b)(1)(B), substituted “Director” for “Commissioner”.

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4605(c)], inserted after second sentence “A patent owner in any reexamination proceeding dissatisfied with the final decision in an appeal to the Board of Patent Appeals and Interferences under section 134 may appeal the decision only to the United States Court of Appeals for the Federal Circuit.”

Effective Date of 1999 Amendment

Amendment by section 1000(a)(9) [title IV, Sec. 4605(c)] of Pub. L. 106-113 applicable to any reexamination filed in the United States Patent and Trademark Office on or after Nov. 2, 2002, see section 13202(d) of Pub. L. 107-273, set out as a note under section 134 of this title.

Amendment by section 1000(a)(9) [title IV, Sec. 4605(c)] of Pub. L. 106-113 effective Nov. 29, 1999, and applicable to any patent issuing from an original application filed in the United States on or after that date, see section 1000(a)(9) [title IV, Sec. 4608(a)] of Pub. L. 106-113, set out as a note under section 41 of this title.

Amendment by section 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)] of Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note under section 1 of this title.

1984

Pub. L. 98-622, Sec. 203(a)(1)(A), substituted “in an appeal to the Board of Patent Appeals and Interferences under section 134 of this title may appeal the decision” for “of the Board of Patent Appeals may appeal” in first sentence.

Pub. L. 98-622, Sec. 203(a)(1)(B), substituted “. By filing such an appeal the applicant waives his or her right” for “, thereby waiving his right” in first sentence.

Pub. L. 98-622, Sec. 203(a)(2)(A), substituted “Board of Patent Appeals and Interferences on the interference may appeal the decision” for “board of patent interferences on the question of priority of appeal” in second sentence.

Pub. L. 98-622, Sec. 203(a)(2)(B), substituted “In accordance with” for “according to” in second sentence.

Pub. L. 98-622, Sec. 203(a)(2)(C), substituted “the party” for “he” in second sentence.

Pub. L. 98-622, Sec. 203(a)(3), reenacted last sentence with minor changes in wording.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98-622 effective three months after Nov. 8, 1984, see section 207 of Pub. L. 98-622, set out as a note under section 41 of this title.

1982

Pub. L. 97-164, Sec. 163(b)(2), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in section catchline.

Pub. L. 97-164, Sec. 163(a)(7), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in two places.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.