§ 142. — Notice of appeal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC142]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 13--REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
Sec. 142. Notice of appeal
When an appeal is taken to the United States Court of Appeals for
the Federal Circuit, the appellant shall file in the Patent and
Trademark Office a written notice of appeal directed to the Director,
within such time after the date of the decision from which the appeal is
taken as the Director prescribes, but in no case less than 60 days after
that date.
(July 19, 1952, ch. 950, 66 Stat. 802; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 97-164, title I, Sec. 163(a)(7), Apr. 2,
1982, 96 Stat. 49; Pub. L. 98-620, title IV, Sec. 414(a), Nov. 8, 1984,
98 Stat. 3362; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.
107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat.
1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 60 (R.S. 4912, amended (1)
Mar. 2, 1927, ch. 273, Sec. 9, 44 Stat. 1336, (2) Mar. 2, 1929, ch. 488,
Sec. 2(b), 45 Stat. 1476).
Changes in language are made.
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Pub. L. 106-113, as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' in two places.
1984--Pub. L. 98-620 amended section generally, substituting ``the
appellant shall file in the Patent and Trademark Office a written notice
of appeal directed to the Commissioner, within such time after the date
of the decision from which the appeal is taken as the Commissioner
prescribes, but in no case less than 60 days after that date'' for ``the
appellant shall give notice thereof to the Commissioner, and shall file
in the Patent and Trademark Office his reasons of appeal, specifically
set forth in writing, within such time after the date of the decision
appealed from, not less than sixty days, as the Commissioner appoints''.
1982--Pub. L. 97-164 substituted ``Court of Appeals for the Federal
Circuit'' for ``Court of Customs and Patent Appeals''.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Effective Date of 1999 Amendment
Amendment by 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
Section 414(c) of Pub. L. 98-620 provided that: ``The amendments
made by this section [amending this section, sections 143 and 144 of
this title, and section 1071 of Title 15, Commerce and Trade] shall
apply to proceedings pending in the Patent and Trademark Office on the
date of the enactment of this Act [Nov. 8, 1984] and to appeals pending
in the United States Court of Appeals for the Federal Circuit on such
date.''
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.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 of Title 15,
Commerce and Trade.
Section Referred to in Other Sections
This section is referred to in sections 141, 143, 306, 315 of this
title.
