§ 144. — Decision 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: 35USC144]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 13--REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
Sec. 144. Decision on appeal
The United States Court of Appeals for the Federal Circuit shall
review the decision from which an appeal is taken on the record before
the Patent and Trademark Office. Upon its determination the court shall
issue to the Director its mandate and opinion, which shall be entered of
record in the Patent and Trademark Office and shall govern the further
proceedings in the case.
(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,
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. 62 (R.S. 4914).
Language is changed and the last sentence of the corresponding
section of existing statute omitted as superfluous; such a sentence does
not appear in the present civil action section, 35 U.S.C. 63 and in
either case the validity of the patent may be questioned.
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''.
1984--Pub. L. 98-620 substituted provisions requiring the court to
review the decision on the record before the Patent and Trademark Office
and upon reaching a determination to issue its mandate and opinion to
the Commissioner for provisions which required the court, on petition,
to hear and determine the appeal on the evidence produced before the
Patent and Trademark Office (with the decision to be confined to the
points set forth in the reasons of appeal) and, upon its determination,
to return to the Commissioner a certificate of its proceedings and
decision.
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'' in two places.
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
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.
