§ 145. — Civil action to obtain patent.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC145]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 13--REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
Sec. 145. Civil action to obtain patent
An applicant dissatisfied with the decision of the Board of Patent
Appeals and Interferences in an appeal under section 134(a) of this
title may, unless appeal has been taken to the United States Court of
Appeals for the Federal Circuit, have remedy by civil action against the
Director in the United States District Court for the District of
Columbia if commenced within such time after such decision, not less
than sixty days, as the Director appoints. The court may adjudge that
such applicant is entitled to receive a patent for his invention, as
specified in any of his claims involved in the decision of the Board of
Patent Appeals and Interferences, as the facts in the case may appear
and such adjudication shall authorize the Director to issue such patent
on compliance with the requirements of law. All the expenses of the
proceedings shall be paid by the applicant.
(July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 97-164, title I,
Sec. 163(a)(7), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-622, title II,
Sec. 203(b), Nov. 8, 1984, 98 Stat. 3387; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Secs. 4605(e), 4732(a)(10)(A)], Nov. 29,
1999, 113 Stat. 1536, 1501A-571, 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. 63 (R.S. 4915, amended (1)
Mar. 2, 1927, ch. 273, Sec. 11, 44 Stat. 1336, (2) Mar. 2, 1929, ch.
488, Sec. 2(b), 45 Stat. 1476, (3) Aug. 5, 1939, ch. 451, Sec. 4, 53
Stat. 1212).
Bill in equity is changed to civil action and the section is
restricted to exclude interferences which are covered by the next
section. The time for filing the action is changed to the same as the
time for appeal. The requirement for the applicant to file a copy of the
decision in the Patent Office is omitted.
Language is changed.
Amendments
2002--Pub. L. 107-273 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.
1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' wherever appearing.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4605(e)], inserted
``(a)'' after ``section 134''.
1984--Pub. L. 98-622 substituted ``Patent Appeals and Interferences
in an appeal under section 134 of this title may,'' for ``Appeals may''
in first sentence and ``Patent Appeals and Interferences'' for
``Appeals'' in second sentence.
1982--Pub. L. 97-164 substituted ``Court of Appeals for the Federal
Circuit'' for ``Court of Customs and Patent Appeals''.
Effective Date of 1999 Amendment
Amendment by section 1000(a)(9) [title IV, Sec. 4605(e)] 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(e)] 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 141, 154, 306 of this title;
title 28 section 1295.
