§ 144. Decision on appeal

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. § 144

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

   Source evidence

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

2. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 35 U.S.C. § 144

   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in two places

   Source evidence

   Code amendment note
   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in two places.

   Enacted provision · exact public law section
   Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.

3. 1982

   Federal Courts Improvement Act of 1982

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

   Substituted · 35 U.S.C. § 144

   Pub. L. 97–164 substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”

   Source evidence

   Code amendment note
   Pub. L. 97–164 substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.

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

4. 1984

   Technical Amendments to the Federal Courts Improvement Act of 1982

   Pub. L. 98–620 title IV § 414(a) · 98 Stat. 3335

   Substituted · 35 U.S.C. § 144

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Sections 142, 143, and 144 of title 35, United States Code, are amended to read as follows: “§ 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 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. “§ 143. Proceedings on appeal “With respect to an appeal described in section 142 of this title, the Commissioner 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 Commissioner forward the original or certified copies of such documents during pendency of the appeal. 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. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Commissioner and the parties in the appeal. “§ 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 Commissioner 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.”.

5. 1999

   District of Columbia Appropriations Act, 2000

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

   1. Amended · 35 U.S.C. § 144

      Pub. L. 106–113, as amended by Pub. L. 107–273

   2. Substituted · 35 U.S.C. § 144

      Pub. L. 106–113, as substituted “Director” for “Commissioner”

   Source evidence

   Code amendment note
   Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

   Effective date note
   Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

6. 2002

   Intellectual Property and High Technology Technical Amendments Act of 2002

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

   Changed · 35 U.S.C. § 144

   Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. 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),”.

4 of 7 references resolved to an enrolled provision · 3 partial