US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 134

Appeal to the Patent Trial and Appeal Board

(a)

Patent Applicant .—

An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.
(b)

Patent Owner .—

A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.

July 19, 1952, ch. 95066 Stat. 801Pub. L. 98–622, title II, § 204(b)(1)98 Stat. 3388Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4605(b)]113 Stat. 1536Pub. L. 107–273, div. C, title III116 Stat. 1901Pub. L. 112–29125 Stat. 290(, ; , , ; , , , 1501A–570; , §§ 13106(b), 13202(b)(1), , ; , §§ 3(j)(1), (3), 7(b), , , 313.)

Historical and Revision Notes

Mar. 2, 1927, ch. 273, § 544 Stat. 1335Aug. 5, 1939, ch. 451, § 253 Stat. 1212Based on Title 35, U.S.C., 1946 ed., § 57 (R.S. 4909 amended (1) , , 1336, (2) , ).

Reference to reissues is omitted in view of the general provision in section 251. Minor changes in language are made.

Editorial Notes

Amendments

Pub. L. 112–29, § 3(j)(3)2011—, amended section catchline generally. Prior to amendment, section catchline read as follows: “Appeal to the Board of Patent Appeals and Interferences”.

Pub. L. 112–29, § 3(j)(1)Subsec. (a). , substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences”.

Pub. L. 112–29, § 7(b)(1)Subsec. (b). , substituted “a reexamination” for “any reexamination proceeding”.

Pub. L. 112–29, § 3(j)(1), substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences”.

Pub. L. 112–29, § 7(b)(2)Subsec. (c). , struck out subsec. (c). Prior to amendment, text read as follows: “A third-party requester in an inter partes proceeding may appeal to the Board of Patent Appeals and Interferences from the final decision of the primary examiner favorable to the patentability of any original or proposed amended or new claim of a patent, having once paid the fee for such appeal.”

Pub. L. 107–273, § 13202(b)(1)2002—Subsecs. (a), (b). , substituted “primary examiner” for “administrative patent judge”.

Pub. L. 107–273, § 13202(b)(1)Subsec. (c). , substituted “primary examiner” for “administrative patent judge”.

Pub. L. 107–273, § 13106(b), struck out at end “The third-party requester may not appeal the decision of the Board of Patent Appeals and Interferences.”

Pub. L. 106–1131999— reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal.”

Pub. L. 98–6221984— substituted “Patent Appeals and Interferences” for “Appeals” in section catchline and text.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–29section 3(n) of Pub. L. 112–29section 100 of this titleAmendment by section 3(j)(1), (3) of effective upon the expiration of the 18-month period beginning on , and applicable to certain applications for patent and any patents issuing thereon, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .

section 7(b) of Pub. L. 112–29section 7(e) of Pub. L. 112–29section 6 of this titleAmendment 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 .

Effective Date of 2002 Amendment

Pub. L. 107–273, div. C, title III, § 13106(d)116 Stat. 1901

“The amendments made by this section [amending this section and sections 141 and 315 of this title] apply with respect to any reexamination proceeding commenced on or after the date of enactment of this Act [].”
, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 107–273, div. C, title III, § 13202(d)116 Stat. 1902

section 1000(a)(9) of Public Law 106–113Public Law 106–113“The amendments made by section 4605(b), (c), and (e) of the Intellectual Property and Communications Omnibus Reform Act, as enacted by [amending this section and sections 141 and 145 of this title], shall apply to any reexamination filed in the United States Patent and Trademark Office on or after the date of enactment of [].”
, , , provided that:

Pub. L. 106–113Pub. L. 106–113section 41 of this titleAmendment by effective , 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, § 4608(a)] of , set out as a note under .

Effective Date of 1984 Amendment

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