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 Director, within such time after the date of the decision from which the appeal is taken as the Director prescribes, but in no case less than 60 days after that date.
July 19, 1952, ch. 95066 Stat. 802Pub. L. 93–596, § 188 Stat. 1949Pub. L. 97–164, title I, § 163(a)(7)96 Stat. 49Pub. L. 98–620, title IV, § 414(a)98 Stat. 3362Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906(, ; , , ; , , ; , , ; , , , 1501A–582; , , .)
Historical and Revision Notes
Mar. 2, 1927, ch. 273, § 944 Stat. 1336Mar. 2, 1929, ch. 488, § 2(b)45 Stat. 1476Based on Title 35, U.S.C., 1946 ed., § 60 (R.S. 4912, amended (1) , , (2) , ).
Changes in language are made.
Editorial Notes
Amendments
Pub. L. 107–273Pub. L. 106–1132002— made technical correction to directory language of . See 1999 Amendment note below.
Pub. L. 106–113Pub. L. 107–2731999—, as amended by , substituted “Director” for “Commissioner” in two places.
Pub. L. 98–6201984— amended section generally, substituting “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” for “the appellant shall give notice thereof to the Commissioner, and shall file in the Patent and Trademark Office his reasons of appeal, specifically set forth in writing, within such time after the date of the decision appealed from, not less than sixty days, as the Commissioner appoints”.
Pub. L. 97–1641982— substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.
Pub. L. 93–5961975— substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by 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. 98–620, title IV, § 414(c)98 Stat. 3364
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.
Effective Date of 1975 Amendment
Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of Title 15Amendment by effective , see , set out as a note under , Commerce and Trade.