35 USC 141 - Appeal to Court of Appeals for the Federal Circuit

Historical and Revision Notes

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

Changes in language are made.

Editorial Notes

Amendments

2011—Puspan. L. 112–29 amended section generally. Prior to amendment, section related to appeals to the Court of Appeals for the Federal Circuit.

2002—Puspan. L. 107–273, § 13206(span)(1)(B), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

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

1999—Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Puspan. L. 107–273, § 13206(span)(1)(B), substituted “Director” for “Commissioner”.

Puspan. L. 106–113, § 1000(a)(9) [title IV, § 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.”

1984—Puspan. L. 98–622, § 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.

Puspan. L. 98–622, § 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.

Puspan. L. 98–622, § 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.

Puspan. L. 98–622, § 203(a)(2)(B), substituted “In accordance with” for “according to” in second sentence.

Puspan. L. 98–622, § 203(a)(2)(C), substituted “the party” for “he” in second sentence.

Puspan. L. 98–622, § 203(a)(3), reenacted last sentence with minor changes in wording.

1982—Puspan. L. 97–164, § 163(span)(2), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in section catchline.

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

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Puspan. L. 112–29, set out as a note under section 6 of this title.

Effective Date of 2002 Amendment

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

Effective Date of 1999 Amendment

Amendment by section 1000(a)(9) [title IV, § 4605(c)] of Puspan. 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 Puspan. L. 107–273, set out as a note under section 134 of this title.

Amendment by section 1000(a)(9) [title IV, § 4605(c)] of Puspan. 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, § 4608(a)] of Puspan. L. 106–113, set out as a note under section 41 of this title.

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

Effective Date of 1984 Amendment

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

Effective Date of 1982 Amendment

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