§ 143. — Proceedings on 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: 35USC143]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 13--REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
Sec. 143. Proceedings on appeal
With respect to an appeal described in section 142 of this title,
the Director shall transmit to the United States Court of Appeals for
the Federal Circuit a certified list of the documents comprising the
record in the Patent and Trademark Office. The court may request that
the Director forward the original or certified copies of such documents
during pendency of the appeal. In an ex parte case or any reexamination
case, the Director shall submit to the court in writing the grounds for
the decision of the Patent and Trademark Office, addressing all the
issues involved in the appeal. The court shall, before hearing an
appeal, give notice of the time and place of the hearing to the Director
and the parties in the appeal. The court shall, before hearing an
appeal, give notice of the time and place of the hearing to the Director
and the parties in the appeal.
(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. 3363; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Secs. 4605(d), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
571, 1501A-582; Pub. L. 107-273, div. C, title III, Secs. 13202(b)(2),
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. 61 (R.S. 4913, amended
Mar. 2, 1927, ch. 273, Sec. 10, 44 Stat. 1336).
Language is changed. The requirement that the Commissioner notify
the parties is omitted and a requirement that the court notify the
parties is added. The statement relating to filing the papers and
testimony is made more explicit.
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. 13202(b)(2), amended third sentence generally
and added fourth sentence. Prior to amendment, third sentence read as
follows: ``In any reexamination case, the Director shall submit to the
court in writing the grounds for the decision of the Patent and
Trademark Office, addressing all the issues involved in the appeal.''
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'' the
first, second, and fourth places appearing.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4605(d)], amended
third sentence generally. Prior to amendment, third sentence read as
follows: ``In an ex parte case, the Commissioner shall submit to the
court in writing the grounds for the decision of the Patent and
Trademark Office, addressing all the issues involved in the appeal.''
1984--Pub. L. 98-620 substituted provisions requiring the
Commissioner to transmit to the court a certified list of the documents
comprising the record in the Patent and Trademark Office, with respect
to an appeal described in section 142 of this title, for provision which
required the Commissioner to transmit to the court certified copies of
all the necessary original papers and evidence in the case specified by
the appellant and the appellee, and inserted provision that the court
may request that the Commissioner forward the original or certified
copies of such documents during the pendency of the appeal.
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 section 1000(a)(9) [title IV, Sec. 4605(d)] 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. 98-620 applicable to proceedings pending in the
Patent and Trademark Office on Nov. 8, 1984, and to appeals pending in
the United States Court of Appeals for the Federal Circuit on such date,
see section 414(c) of Pub. L. 98-620, set out as a note under section
142 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.
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 306, 315 of this title.
