An applicant dissatisfied with the decision of the Patent Trial and Appeal Board in an appeal under section 134(a) may, unless appeal has been taken to the United States Court of Appeals for the Federal Circuit, have remedy by civil action against the Director in the United States District Court for the Eastern District of Virginia if commenced within such time after such decision, not less than sixty days, as the Director appoints. The court may adjudge that such applicant is entitled to receive a patent for his invention, as specified in any of his claims involved in the decision of the Patent Trial and Appeal Board, as the facts in the case may appear and such adjudication shall authorize the Director to issue such patent on compliance with the requirements of law. All the expenses of the proceedings shall be paid by the applicant.
July 19, 1952, ch. 95066 Stat. 803Pub. L. 97–164, title I, § 163(a)(7)96 Stat. 49Pub. L. 98–622, title II, § 203(b)98 Stat. 3387Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4605(e), 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906Pub. L. 112–29125 Stat. 290(, ; , , ; , , ; , , , 1501A–571, 1501A–582; , , ; , §§ 3(j)(1), 9(a), 20(j), , , 316, 335.)
Historical and Revision Notes
Mar. 2, 1927, ch. 273, § 1144 Stat. 1336Mar. 2, 1929, ch. 488, § 2(b)45 Stat. 1476Aug. 5, 1939, ch. 451, § 453 Stat. 1212Based on Title 35, U.S.C., 1946 ed., § 63 (R.S. 4915, amended (1) , , (2) , , (3) , ).
Bill in equity is changed to civil action and the section is restricted to exclude interferences which are covered by the next section. The time for filing the action is changed to the same as the time for appeal. The requirement for the applicant to file a copy of the decision in the Patent Office is omitted.
Language is changed.
Editorial Notes
Amendments
Pub. L. 112–29, § 20(j)2011—, struck out “of this title” after “134(a)”.
Pub. L. 112–29, § 9(a), substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.
Pub. L. 112–29, § 3(j)(1), substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences” in two places.
Pub. L. 107–273Pub. 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. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–2731999—, as amended by , substituted “Director” for “Commissioner” wherever appearing.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4605(e)], inserted “(a)” after “section 134”.
Pub. L. 98–622section 134 of this title1984— substituted “Patent Appeals and Interferences in an appeal under may,” for “Appeals may” in first sentence and “Patent Appeals and Interferences” for “Appeals” in second sentence.
Pub. L. 97–1641982— substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
section 3(j)(1) of Pub. L. 112–29section 3(n) of Pub. L. 112–29section 100 of this titleAmendment by 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 9(a) of Pub. L. 112–29section 9(b) of Pub. L. 112–29section 1071 of Title 15Amendment by effective , and applicable to any civil action commenced on or after that date, see , set out as a note under , Commerce and Trade.
section 20(j) of Pub. L. 112–29lPub. L. 112–29section 2 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, see section 20() of , 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(e)] 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(e)] 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.