§ 141. Appeal to Court of Appeals for the Federal Circuit

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   July 19, 1952, ch. 950, 66 Stat. 802 · 66 Stat. 802

   Enacted · 35 U.S.C. § 141

   July 19, 1952, ch. 950, 66 Stat. 802

   Source evidence

   Code source credit
   July 19, 1952, ch. 950, 66 Stat. 802

2. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 § 163(b)(2) · 96 Stat. 25

   Substituted · 35 U.S.C. § 141

   Pub. L. 97–164, § 163(b)(2), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 97–164, § 163(b)(2), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in section catchline.

   Enacted provision · exact public law section
   (2) The section heading of section 141 of title 35, United States Code, is amended by striking out “Court of Customs and Patent Appeals” and inserting in lieu thereof “Court of Appeals for the Federal Circuit”.

3. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 § 163(a)(7) · 96 Stat. 25

   Substituted · 35 U.S.C. § 141

   Pub. L. 97–164, § 163(a)(7), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in two places

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 97–164, § 163(a)(7), substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in two places.

   Enacted provision · exact public law section
   (7) Sections 141 through 146 of title 35, United States Code.

4. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 § 203(a)(1)(A) · 98 Stat. 3383

   Substituted · 35 U.S.C. § 141

   Pub. L. 98–622, § 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

   Source evidence

   Code amendment note
   Pub. L. 98–622, § 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.

   Enacted provision · exact public law section
   (A) by striking out “of the Board of Patent Appeals may appeal” and inserting in lieu thereof “in an appeal to the Board of Patent Appeals and Interferences under section 134 of this title may appeal the decision”; and

5. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 § 203(a)(1)(B) · 98 Stat. 3383

   Substituted · 35 U.S.C. § 141

   Pub. L. 98–622, § 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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–622, § 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.

   Enacted provision · exact public law section
   (B) by striking out “, thereby waiving his right” and inserting in lieu thereof “. By filing such an appeal the applicant waives his or her right”;

6. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 § 203(a)(2)(A) · 98 Stat. 3383

   Substituted · 35 U.S.C. § 141

   Pub. L. 98–622, § 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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–622, § 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.

   Enacted provision · exact public law section
   (A) by striking out “board of patent interferences on the question of priority may appeal” and inserting in lieu thereof “Board of Patent Appeals and Interferences on the interference may appeal the decision”;

7. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 § 203(a)(2)(B) · 98 Stat. 3383

   Substituted · 35 U.S.C. § 141

   Pub. L. 98–622, § 203(a)(2)(B), substituted “In accordance with” for “according to” in second sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–622, § 203(a)(2)(B), substituted “In accordance with” for “according to” in second sentence.

   Enacted provision · exact public law section
   (B) by striking out “according to” and inserting in lieu thereof “in accordance with”; and

8. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 § 203(a)(2)(C) · 98 Stat. 3383

   Substituted · 35 U.S.C. § 141

   Pub. L. 98–622, § 203(a)(2)(C), substituted “the party” for “he” in second sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–622, § 203(a)(2)(C), substituted “the party” for “he” in second sentence.

   Enacted provision · exact public law section
   (C) by striking out “he” and inserting in lieu thereof “the party”; and

9. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 § 203(a)(3) · 98 Stat. 3383

   Changed · 35 U.S.C. § 141

   Pub. L. 98–622, § 203(a)(3), reenacted last sentence with minor changes in wording

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–622, § 203(a)(3), reenacted last sentence with minor changes in wording.

   Enacted provision · exact public law section
   (3) by amending the last sentence to read as follows: “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.”.

10. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

    1. Amended · 35 U.S.C. § 141

       Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B)

    2. Substituted · 35 U.S.C. § 141

       Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as substituted “Director” for “Commissioner”

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner”.

11. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(9)(tIV)(s4605)(c) · 113 Stat. 1501

    Inserted · 35 U.S.C. § 141

    Pub. L. 106–113, § 1000(a)(9) [title IV, § 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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(9) [title IV, § 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.”

12. 2002

    Intellectual Property and High Technology Technical Amendments Act of 2002

    Pub. L. 107–273 § 13206(b)(1)(B) · 116 Stat. 1758

    Changed · 35 U.S.C. § 141

    Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

    Enacted provision · exact public law section
    (B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.

13. 2002

    Patent and Trademark Office Authorization Act of 2002

    Pub. L. 107–273 § 13106(c) · 116 Stat. 1758

    Inserted · 35 U.S.C. § 141

    Pub. L. 107–273, § 13106(c), inserted “, or a third-party requester in an inter partes reexamination proceeding, who is” after “patent owner” in third sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–273, § 13106(c), inserted “, or a third-party requester in an inter partes reexamination proceeding, who is” after “patent owner” in third sentence.

    Enacted provision · exact public law section
    (c) Appeal to Court of Appeals for the Federal Circuit.— Section 141 of title 35, United States Code, is amended in the third sentence by inserting “, or a third-party requester in an inter partes reexamination proceeding, who is” after “patent owner”.

14. 2011

    Pub. L. 112–29 § 7(c)(1) · 125 Stat. 314

    Amended · 35 U.S.C. § 141

    Pub. L. 112–29 amended section generally. Prior to amendment, section related to appeals to the Court of Appeals for the Federal Circuit

    Source evidence

    Code amendment note
    Pub. L. 112–29 amended section generally. Prior to amendment, section related to appeals to the Court of Appeals for the Federal Circuit.

    Enacted provision · exact public law section
    (1) In general.— Section 141 of title 35, United States Code, is amended to read as follows: “§ 141. Appeal to Court of Appeals for the Federal Circuit “(a) Examinations.— An applicant who is dissatisfied with the final decision in an appeal to the Patent Trial and Appeal Board under section 134(a) may appeal the Board’s 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. “(b) Reexaminations.— A patent owner who is dissatisfied with the final decision in an appeal of a reexamination to the Patent Trial and Appeal Board under section 134(b) may appeal the Board’s decision only to the United States Court of Appeals for the Federal Circuit. “(c) Post-Grant and Inter Partes Reviews.— A party to an inter partes review or a post-grant review who is dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 318(a) or 328(a) (as the case may be) may appeal the Board’s decision only to the United States Court of Appeals for the Federal Circuit. “(d) Derivation Proceedings.— A Deadlines. Notices. party to a derivation proceeding who is dissatisfied with the final decision of the Patent Trial and Appeal Board in the proceeding 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 derivation proceeding, within 20 days after the appellant has filed notice of appeal in accordance with section 142, files notice with the Director that the party elects to have all further proceedings conducted as provided in section 146. If the appellant does not, within 30 days after the filing of such notice by the adverse party, file a civil action under section 146, the Board’s decision shall govern the further proceedings in the case.” .

    Effective date note
    Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Pub. L. 112–29, set out as a note under section 6 of this title.

11 of 15 references resolved to an enrolled provision · 4 partial