US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 1295

Jurisdiction of the United States Court of Appeals for the Federal Circuit

(a)
The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1)
of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection;
(2)
section 1346 of this title of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on , except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title;
(3)
of an appeal from a final decision of the United States Court of Federal Claims;
(4)
of an appeal from a decision of—
(A)
the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that party’s right to participate in the applicable proceeding before or appeal to the Board, except that an applicant or a party to a derivation proceeding may also have remedy by civil action pursuant to section 145 or 146 of title 35; an appeal under this subparagraph of a decision of the Board with respect to an application or derivation proceeding shall waive the right of such applicant or party to proceed under section 145 or 146 of title 35;
(B)
15 U.S.C. 1071 the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office or the Trademark Trial and Appeal Board with respect to applications for registration of marks and other proceedings as provided in section 21 of the Trademark Act of 1946 (); or
(C)
a district court to which a case was directed pursuant to section 145, 146, or 154(b) of title 35;
(5)
of an appeal from a final decision of the United States Court of International Trade;
(6)
19 U.S.C. 1337 to review the final determinations of the United States International Trade Commission relating to unfair practices in import trade, made under section 337 of the Tariff Act of 1930 ();
(7)
to review, by appeal on questions of law only, findings of the Secretary of Commerce under U.S. note 6 to subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States (relating to importation of instruments or apparatus);
(8)
7 U.S.C. 2461 of an appeal under section 71 of the Plant Variety Protection Act ();
(9)
of an appeal from a final order or final decision of the Merit Systems Protection Board, pursuant to sections 7703(b)(1) and 7703(d) of title 5;
(10)
section 7107(a)(1) of title 41 of an appeal from a final decision of an agency board of contract appeals pursuant to ;
(11)
of an appeal under section 211 of the Economic Stabilization Act of 1970;
(12)
of an appeal under section 5 of the Emergency Petroleum Allocation Act of 1973;
(13)
of an appeal under section 506(c) of the Natural Gas Policy Act of 1978; and
(14)
of an appeal under section 523 of the Energy Policy and Conservation Act.
(b)
section 7107(b) of title 41 The head of any executive department or agency may, with the approval of the Attorney General, refer to the Court of Appeals for the Federal Circuit for judicial review any final decision rendered by a board of contract appeals pursuant to the terms of any contract with the United States awarded by that department or agency which the head of such department or agency has concluded is not entitled to finality pursuant to the review standards specified in . The head of each executive department or agency shall make any referral under this section within one hundred and twenty days after the receipt of a copy of the final appeal decision.
(c)
section 7107(b) of title 41 The Court of Appeals for the Federal Circuit shall review the matter referred in accordance with the standards specified in . The court shall proceed with judicial review on the administrative record made before the board of contract appeals on matters so referred as in other cases pending in such court, shall determine the issue of finality of the appeal decision, and shall, if appropriate, render judgment thereon, or remand the matter to any administrative or executive body or official with such direction as it may deem proper and just.

Pub. L. 97–164, title I, § 127(a)96 Stat. 37 Pub. L. 98–622, title II, § 205(a)98 Stat. 3388 Pub. L. 100–418, title I, § 1214(a)(3)102 Stat. 1156 Pub. L. 100–702, title X, § 1020(a)(3)102 Stat. 4671 Pub. L. 102–572, title I, § 102(c)106 Stat. 4507 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4402(b)(2), 4732(b)(14)]113 Stat. 1536 Pub. L. 111–350, § 5(g)(5)124 Stat. 3848 Pub. L. 112–29125 Stat. 314 (Added , , ; amended , , ; , , ; , , ; , title IX, § 902(b)(1), , , 4516; , , , 1501A–560, 1501A–584; , , ; , §§ 7(c)(2), 19(b), , , 331.)

Editorial Notes

References in Text

section 1202 of Title 19The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(7), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under , Customs Duties.

section 211 of Pub. L. 91–379section 1904 of Title 12Section 211 of the Economic Stabilization Act of 1970, referred to in subsec. (a)(11), is , title II, formerly set out as an Economic Stabilization Program note under , Banks and Banking.

section 5 of Pub. L. 93–159section 754 of Title 15Section 5 of the Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a)(12), is , which was classified to , Commerce and Trade, and was omitted from the Code.

section 3416(c) of Title 15Section 506(c) of the Natural Gas Policy Act of 1978, referred to in subsec. (a)(13), is classified to .

section 6393 of Title 42Section 523 of the Energy Policy and Conservation Act, referred to in subsec. (a)(14), is classified to , The Public Health and Welfare.

Amendments

Pub. L. 112–29, § 19(b)section 1338 of this title2011—Subsec. (a)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on , except that a case involving a claim arising under any Act of Congress relating to copyrights, exclusive rights in mask works, or trademarks and no other claims under section 1338(a) shall be governed by sections 1291, 1292, and 1294 of this title;”.

Pub. L. 112–29, § 7(c)(2)Subsec. (a)(4)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office with respect to patent applications and interferences, at the instance of an applicant for a patent or any party to a patent interference, and any such appeal shall waive the right of such applicant or party to proceed under section 145 or 146 of title 35;”.

Pub. L. 111–350, § 5(g)(5)(A)section 7107(a)(1) of title 4141 U.S.C. 607(g)(1)Subsec. (a)(10). , substituted “” for “section 8(g)(1) of the Contract Disputes Act of 1978 ()”.

Pub. L. 111–350, § 5(g)(5)(B)section 7107(b) of title 4141 U.S.C. 609(b)Subsec. (b). , substituted “” for “section 10(b) of the Contract Disputes Act of 1978 ()”.

Pub. L. 111–350, § 5(g)(5)(C)section 7107(b) of title 41Subsec. (c). , substituted “” for “section 10(b) of the Contract Disputes Act of 1978”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(14)(A)]1999—Subsec. (a)(4)(A). , inserted “United States” before “Patent and Trademark”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(14)(B)]Subsec. (a)(4)(B). , substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents and Trademarks”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4402(b)(2)]Subsec. (a)(4)(C). , substituted “145, 146, or 154(b)” for “145 or 146”.

Pub. L. 102–572, § 902(b)(1)1992—Subsec. (a)(3). , substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 102–572, § 102(c)Subsec. (a)(11) to (14). , added pars. (11) to (14).

Pub. L. 100–7021988—Subsec. (a)(1). inserted “, exclusive rights in mask works,” after “copyrights”.

Pub. L. 100–418Subsec. (a)(7). substituted “U.S. note 6 to subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States” for “headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States”.

Pub. L. 98–6221984—Subsec. (a)(4)(A). substituted “Patent Appeals and” for “Appeals or the Board of Patent”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

section 7(c)(2) of Pub. L. 112–29section 7(e) of Pub. L. 112–29section 6 of Title 35Amendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, with certain exceptions, see , set out as a note under , Patents.

Pub. L. 112–29, § 19(e)125 Stat. 333

section 1454 of this titlesection 299 of Title 35section 1338 of this title“The amendments made by this section [enacting and , Patents, and amending this section and ] shall apply to any civil action commenced on or after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 154 of Title 35Amendment by section 1000(a)(9) [title IV, § 4402(b)(2)] of effective on date that is 6 months after , and, except for design patent application filed under chapter 16 of Title 35, applicable to any application filed on or after such date, see section 1000(a)(9) [title IV, § 4405(a)] of , set out as a note under , Patents.

Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by section 1000(a)(9) [title IV, § 4732(b)(14)] of effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.

Effective Date of 1992 Amendment

section 102(c) of Pub. L. 102–572section 1101(a) of Pub. L. 102–572section 905 of Title 2Amendment by effective , see , set out as a note under , The Congress.

section 902(b)(1) of Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–418section 1217(b)(1) of Pub. L. 100–418section 3001 of Title 19Amendment by effective , and applicable with respect to articles entered on or after such date, see , set out as an Effective Date note under , Customs Duties.

Effective Date of 1984 Amendment

Pub. L. 98–622section 106 of Pub. L. 98–622section 103 of Title 35Amendment by applicable to all United States patents granted before, on, or after , and to all applications for United States patents pending on or filed after that date, except as otherwise provided, see , set out as a note under , Patents.

Pub. L. 98–622section 207 of Pub. L. 98–622section 41 of Title 35Amendment by effective three months after , see , set out as a note under .

Effective Date

section 402 of Pub. L. 97–164section 171 of this titleSection effective , see , set out as an Effective Date of 1982 Amendment note under .

Abolition of Temporary Emergency Court of Appeals

Pub. L. 102–572, title I, § 102(d)106 Stat. 4507

“(d)

Abolition of Court .—

Pub. L. 91–379section 1904 of Title 12The Temporary Emergency Court of Appeals created by section 211(b) of the Economic Stabilization Act of 1970 [, formerly set out as a note under , Banks and Banking] is abolished, effective 6 months after the date of the enactment of this Act [].
“(e)

Pending Cases .—

(1)
Any appeal which, before the effective date of abolition described in subsection (d), is pending in the Temporary Emergency Court of Appeals but has not been submitted to a panel of such court as of that date shall be assigned to the United States Court of Appeals for the Federal Circuit as though the appeal had originally been filed in that court.
“(2)
Any case which, before the effective date of abolition described in subsection (d), has been submitted to a panel of the Temporary Emergency Court of Appeals and as to which the mandate has not been issued as of that date shall remain with that panel for all purposes and, notwithstanding the provisions of sections 291 and 292 of title 28, United States Code, that panel shall be assigned to the United States Court of Appeals for the Federal Circuit for the purpose of deciding such case.”
, (e), , , provided that:

Termination of United States District Court for the District of the Canal Zone

Pub. L. 96–70, title II93 Stat. 493 For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of , , , formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.