US Code

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

35 U.S.C. § 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 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.

July 19, 1952, ch. 95066 Stat. 802Pub. L. 97–164, title I, § 163(a)(7)96 Stat. 49Pub. L. 98–622, title II, § 203(a)98 Stat. 3387Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4605(c), 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III116 Stat. 1901Pub. L. 112–29, § 7(c)(1)125 Stat. 314(, ; , (b)(2), , , 50; , , ; , , , 1501A–571, 1501A–582; , §§ 13106(c), 13206(b)(1)(B), , , 1906; , , .)

Historical and Revision Notes

Mar. 2, 1927, ch. 273, § 844 Stat. 1336Mar. 2, 1929, ch. 488, § 2a45 Stat. 1476Aug. 5, 1939, ch. 451, § 353 Stat. 1212Based on Title 35, U.S.C., 1946 ed., § 59a (R.S. 4911, amended (1) , , (2) , , (3) , ).

Changes in language are made.

Editorial Notes

Amendments

Pub. L. 112–292011— amended section generally. Prior to amendment, section related to appeals to the Court of Appeals for the Federal Circuit.

Pub. L. 107–273, § 13206(b)(1)(B)Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]2002—, made technical correction to directory language of . See 1999 Amendment note below.

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.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–273, § 13206(b)(1)(B)1999—, as amended by , substituted “Director” for “Commissioner”.

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.”

Pub. L. 98–622, § 203(a)(1)(A)section 134 of this title1984—, substituted “in an appeal to the Board of Patent Appeals and Interferences under may appeal the decision” for “of the Board of Patent Appeals may appeal” in first sentence.

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.

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.

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

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

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

Pub. L. 97–164, § 163(b)(2)1982—, substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in section catchline.

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.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

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

section 13106(c) of Pub. L. 107–273section 13106(d) of Pub. L. 107–273section 134 of this titleAmendment by applicable with respect to any reexamination proceeding commenced on or after , see , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–113section 13202(d) of Pub. L. 107–273section 134 of this titleAmendment by section 1000(a)(9) [title IV, § 4605(c)] of applicable to any reexamination filed in the United States Patent and Trademark Office on or after , see , set out as a note under .

Pub. L. 106–113Pub. L. 106–113section 41 of this titleAmendment by section 1000(a)(9) [title IV, § 4605(c)] of 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 .

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of effective 4 months after , see section 1000(a)(9) [title IV, § 4731] 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 .

Effective Date of 1982 Amendment

Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.