§ 1295. — Jurisdiction of the United States Court of Appeals for the Federal Circuit.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1295]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 83--COURTS OF APPEALS
Sec. 1295. Jurisdiction of the United States Court of Appeals
for the Federal Circuit
(a) The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction--
(1) of an appeal from a final decision of a district court of
the United States, the United States District Court for the District
of the Canal Zone, the District Court of Guam, the District Court of
the Virgin Islands, or the District Court for the Northern Mariana
Islands, if the jurisdiction of that court was based, in whole or in
part, on section 1338 of this title, except that a case involving a
claim arising under any Act of Congress relating to copyrights,
exclusive rights in mask works, or trademarks and no other claims
under section 1338(a) shall be governed by sections 1291, 1292, and
1294 of this title;
(2) of an appeal from a final decision of a district court of
the United States, the United States District Court for the District
of the Canal Zone, the District Court of Guam, the District Court of
the Virgin Islands, or the District Court for the Northern Mariana
Islands, if the jurisdiction of that court was based, in whole or in
part, on section 1346 of this title, except that jurisdiction of an
appeal in a case brought in a district court under section
1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under
section 1346(a)(2) when the claim is founded upon an Act of Congress
or a regulation of an executive department providing for internal
revenue shall be governed by sections 1291, 1292, and 1294 of this
title;
(3) of an appeal from a final decision of the United States
Court of Federal Claims;
(4) of an appeal from a decision of--
(A) the Board of Patent Appeals and Interferences of the
United States Patent and Trademark Office with respect to patent
applications and interferences, at the instance of an applicant
for a patent or any party to a patent interference, and any such
appeal shall waive the right of such applicant or party to
proceed under section 145 or 146 of title 35;
(B) the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark
Office or the Trademark Trial and Appeal Board with respect to
applications for registration of marks and other proceedings as
provided in section 21 of the Trademark Act of 1946 (15 U.S.C.
1071); or
(C) a district court to which a case was directed pursuant
to section 145, 146, or 154(b) of title 35;
(5) of an appeal from a final decision of the United States
Court of International Trade;
(6) to review the final determinations of the United States
International Trade Commission relating to unfair practices in
import trade, made under section 337 of the Tariff Act of 1930 (19
U.S.C. 1337);
(7) to review, by appeal on questions of law only, findings of
the Secretary of Commerce under U.S. note 6 to subchapter X of
chapter 98 of the Harmonized Tariff Schedule of the United States
(relating to importation of instruments or apparatus);
(8) of an appeal under section 71 of the Plant Variety
Protection Act (7 U.S.C. 2461);
(9) of an appeal from a final order or final decision of the
Merit Systems Protection Board, pursuant to sections 7703(b)(1) and
7703(d) of title 5;
(10) of an appeal from a final decision of an agency board of
contract appeals pursuant to section 8(g)(1) of the Contract
Disputes Act of 1978 (41 U.S.C. 607(g)(1));
(11) of an appeal under section 211 of the Economic
Stabilization Act of 1970;
(12) of an appeal under section 5 of the Emergency Petroleum
Allocation Act of 1973;
(13) of an appeal under section 506(c) of the Natural Gas Policy
Act of 1978; and
(14) of an appeal under section 523 of the Energy Policy and
Conservation Act.
(b) The head of any executive department or agency may, with the
approval of the Attorney General, refer to the Court of Appeals for the
Federal Circuit for judicial review any final decision rendered by a
board of contract appeals pursuant to the terms of any contract with the
United States awarded by that department or agency which the head of
such department or agency has concluded is not entitled to finality
pursuant to the review standards specified in section 10(b) of the
Contract Disputes Act of 1978 (41 U.S.C. 609(b)). The head of each
executive department or agency shall make any referral under this
section within one hundred and twenty days after the receipt of a copy
of the final appeal decision.
(c) The Court of Appeals for the Federal Circuit shall review the
matter referred in accordance with the standards specified in section
10(b) of the Contract Disputes Act of 1978. The court shall proceed with
judicial review on the administrative record made before the board of
contract appeals on matters so referred as in other cases pending in
such court, shall determine the issue of finality of the appeal
decision, and shall, if appropriate, render judgment thereon, or remand
the matter to any administrative or executive body or official with such
direction as it may deem proper and just.
(Added Pub. L. 97-164, title I, Sec. 127(a), Apr. 2, 1982, 96 Stat. 37;
amended Pub. L. 98-622, title II, Sec. 205(a), Nov. 8, 1984, 98 Stat.
3388; Pub. L. 100-418, title I, Sec. 1214(a)(3), Aug. 23, 1988, 102
Stat. 1156; Pub. L. 100-702, title X, Sec. 1020(a)(3), Nov. 19, 1988,
102 Stat. 4671; Pub. L. 102-572, title I, Sec. 102(c), title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4507, 4516; Pub. L. 106-113,
div. B, Sec. 1000(a)(9) [title IV, Secs. 4402(b)(2), 4732(b)(14)], Nov.
29, 1999, 113 Stat. 1536, 1501A-560, 1501A-584.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(7), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
Section 211 of the Economic Stabilization Act of 1970, referred to
in subsec. (a)(11), is section 211 of Pub. L. 91-379, title II, as
amended, formerly set out as an Economic Stabilization Program note
under section 1904 of Title 12, Banks and Banking.
Section 5 of the Emergency Petroleum Allocation Act of 1973,
referred to in subsec. (a)(12), is section 5 of Pub. L. 93-159, as
amended, which was classified to section 754 of Title 15, Commerce and
Trade, and was omitted from the Code.
Section 506(c) of the Natural Gas Policy Act of 1978, referred to in
subsec. (a)(13), is classified to section 3416(c) of Title 15.
Section 523 of the Energy Policy and Conservation Act, referred to
in subsec. (a)(14), is classified to section 6393 of Title 42, The
Public Health and Welfare.
Amendments
1999--Subsec. (a)(4)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(b)(14)(A)], inserted ``United States'' before ``Patent and
Trademark''.
Subsec. (a)(4)(B). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(b)(14)(B)], substituted ``Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office'' for ``Commissioner of Patents and Trademarks''.
Subsec. (a)(4)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4402(b)(2)], substituted ``145, 146, or 154(b)'' for ``145 or
146''.
1992--Subsec. (a)(3). Pub. L. 102-572, Sec. 902(b)(1), substituted
``United States Court of Federal Claims'' for ``United States Claims
Court''.
Subsec. (a)(11) to (14). Pub. L. 102-572, Sec. 102(c), added pars.
(11) to (14).
1988--Subsec. (a)(1). Pub. L. 100-702 inserted ``, exclusive rights
in mask works,'' after ``copyrights''.
Subsec. (a)(7). Pub. L. 100-418 substituted ``U.S. note 6 to
subchapter X of chapter 98 of the Harmonized Tariff Schedule of the
United States'' for ``headnote 6 to schedule 8, part 4, of the Tariff
Schedules of the United States''.
1984--Subsec. (a)(4)(A). Pub. L. 98-622 substituted ``Patent Appeals
and'' for ``Appeals or the Board of Patent''.
Effective Date of 1999 Amendment
Amendment by section 1000(a)(9) [title IV, Sec. 4402(b)(2)] of Pub.
L. 106-113 effective on date that is 6 months after Nov. 29, 1999, and,
except for design patent application filed under chapter 16 of Title 35,
applicable to any application filed on or after such date, see section
1000(a)(9) [title IV, Sec. 4405(a)] of Pub. L. 106-113, set out as a
note under section 154 of Title 35, Patents.
Amendment by section 1000(a)(9) [title IV, Sec. 4732(b)(14)] 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 Title 35, Patents.
Effective Date of 1992 Amendment
Amendment by section 102(c) of Pub. L. 102-572 effective Jan. 1,
1993, see section 1101(a) of Pub. L. 102-572, set out as a note under
section 905 of Title 2, The Congress.
Amendment by section 902(b)(1) of Pub. L. 102-572 effective Oct. 29,
1992, see section 911 of Pub. L. 102-572, set out as a note under
section 171 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-622 applicable to all United States patents
granted before, on, or after Nov. 8, 1984, and to all applications for
United States patents pending on or filed after that date, except as
otherwise provided, see section 106 of Pub. L. 98-622, set out as a note
under section 103 of Title 35, Patents.
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 Title 35.
Effective Date
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,
set out as an Effective Date of 1982 Amendment note under section 171 of
this title.
Abolition of Temporary Emergency Court of Appeals
Section 102(d), (e) of Pub. L. 102-572 provided that:
``(d) Abolition of Court.--The Temporary Emergency Court of Appeals
created by section 211(b) of the Economic Stabilization Act of 1970
[Pub. L. 91-379, formerly set out as a note under section 1904 of Title
12, Banks and Banking] is abolished, effective 6 months after the date
of the enactment of this Act [Oct. 29, 1992].
``(e) Pending Cases.--(1) Any appeal which, before the effective
date of abolition described in subsection (d), is pending in the
Temporary Emergency Court of Appeals but has not been submitted to a
panel of such court as of that date shall be assigned to the United
States Court of Appeals for the Federal Circuit as though the appeal had
originally been filed in that court.
``(2) Any case which, before the effective date of abolition
described in subsection (d), has been submitted to a panel of the
Temporary Emergency Court of Appeals and as to which the mandate has not
been issued as of that date shall remain with that panel for all
purposes and, notwithstanding the provisions of sections 291 and 292 of
title 28, United States Code, that panel shall be assigned to the United
States Court of Appeals for the Federal Circuit for the purpose of
deciding such case.''
Termination of United States District Court for the District of the
Canal Zone
For termination of the United States District Court for the District
of the Canal Zone at end of the ``transition period'', being the 30-
month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27,
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to
3843, respectively, of Title 22, Foreign Relations and Intercourse.
Section Referred to in Other Sections
This section is referred to in sections 1291, 1292, 1294 of this
title; title 41 section 607.
