§ 141. — Appeal to 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: 35USC141]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 13--REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
Sec. 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.
(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.
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.''
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.
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 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.
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.
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 146, 154, 306, 315 of this
title.
