§ 134. — Appeal to the Board of Patent Appeals and Interferences.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC134]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 12--EXAMINATION OF APPLICATION
Sec. 134. Appeal to the Board of Patent Appeals and
Interferences
(a) Patent Applicant.--An applicant for a patent, any of whose
claims has been twice rejected, may appeal from the decision of the
primary examiner to the Board of Patent Appeals and Interferences,
having once paid the fee for such appeal.
(b) Patent Owner.--A patent owner in any reexamination proceeding
may appeal from the final rejection of any claim by the primary examiner
to the Board of Patent Appeals and Interferences, having once paid the
fee for such appeal.
(c) Third-Party.--A third-party requester in an inter partes
proceeding may appeal to the Board of Patent Appeals and Interferences
from the final decision of the primary examiner favorable to the
patentability of any original or proposed amended or new claim of a
patent, having once paid the fee for such appeal.
(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622, title II,
Sec. 204(b)(1), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4605(b)], Nov. 29, 1999, 113 Stat. 1536,
1501A-570; Pub. L. 107-273, div. C, title III, Secs. 13106(b),
13202(b)(1), Nov. 2, 2002, 116 Stat. 1901.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 57 (R.S. 4909 amended (1)
Mar. 2, 1927, ch. 273, Sec. 5, 44 Stat. 1335, 1336, (2) Aug. 5, 1939,
ch. 451, Sec. 2, 53 Stat. 1212).
Reference to reissues is omitted in view of the general provision in
section 251. Minor changes in language are made.
Amendments
2002--Subsecs. (a), (b). Pub. L. 107-273, Sec. 13202(b)(1),
substituted ``primary examiner'' for ``administrative patent judge''.
Subsec. (c). Pub. L. 107-273, Sec. 13202(b)(1), substituted
``primary examiner'' for ``administrative patent judge''.
Pub. L. 107-273, Sec. 13106(b), struck out at end ``The third-party
requester may not appeal the decision of the Board of Patent Appeals and
Interferences.''
1999--Pub. L. 106-113 reenacted section catchline without change and
amended text generally. Prior to amendment, text read as follows: ``An
applicant for a patent, any of whose claims has been twice rejected, may
appeal from the decision of the primary examiner to the Board of Patent
Appeals and Interferences, having once paid the fee for such appeal.''
1984--Pub. L. 98-622 substituted ``Patent Appeals and
Interferences'' for ``Appeals'' in section catchline and text.
Effective Date of 2002 Amendment
Pub. L. 107-273, div. C, title III, Sec. 13106(d), Nov. 2, 2002, 116
Stat. 1901, provided that: ``The amendments made by this section
[amending this section and sections 141 and 315 of this title] apply
with respect to any reexamination proceeding commenced on or after the
date of enactment of this Act [Nov. 2, 2002].''
Effective Date of 1999 Amendment
Pub. L. 107-273, div. C, title III, Sec. 13202(d), Nov. 2, 2002, 116
Stat. 1902, provided that: ``The amendments made by section 4605(b),
(c), and (e) of the Intellectual Property and Communications Omnibus
Reform Act, as enacted by section 1000(a)(9) of Public Law 106-113
[amending this section and sections 141 and 145 of this title], shall
apply to any reexamination filed in the United States Patent and
Trademark Office on or after the date of enactment of Public Law 106-113
[Nov. 29, 1999].''
Amendment by 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.
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.
Section Referred to in Other Sections
This section is referred to in sections 141, 145, 154, 306, 315 of
this title.
