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

35 U.S.C. § 306

Appeal

The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section 134, and may seek court review under the provisions of sections 141 to 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent.

Pub. L. 96–517, § 194 Stat. 3016Pub. L. 112–29125 Stat. 312(Added , , ; amended , §§ 6(h)(2)(A), 20(j), , , 335.)

Editorial Notes

Amendments

Pub. L. 112–29, § 20(j)2011—, struck out “of this title” after “134” and after “144”.

Pub. L. 112–29, § 6(h)(2)(A), substituted “144” for “145”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–29, § 6(h)(2)(B)125 Stat. 312

“The amendment made by this paragraph [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply to any appeal of a reexamination before the Board of Patent Appeals and Interferences or the Patent Trial and Appeal Board that is pending on, or brought on or after, the date of the enactment of this Act.”
, , , provided that:

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

section 8(b) of Pub. L. 96–517section 41 of this titleSection effective , and applicable to patents in force as of , or issued thereafter, see , set out as an Effective Date of 1980 Amendment note under .