Who can file a civil action under 35 U.S.C. 146 and what decisions can be challenged?
Who can file a civil action under 35 U.S.C. 146 and what decisions can be challenged?
Civil actions under 35 U.S.C. 146 are specific to interference proceedings. According to MPEP 1216.02:
“Any party to an interference proceeding may file a civil action under 35 U.S.C. 146 if dissatisfied with the decision of the Board of Patent Appeals and Interferences.”
Key points about 35 U.S.C. 146 actions:
- Eligible Parties: Any party involved in an interference proceeding can file.
- Challengeable Decisions: The action challenges decisions made by the Patent Trial and Appeal Board (PTAB) in interference cases.
- Scope: It covers disputes regarding priority of invention or patentability issues raised during the interference.
- Timing: The action must be filed within 60 days after the PTAB’s decision.
These actions provide a way for parties in interference proceedings to seek judicial review of PTAB decisions in federal district court, allowing for the introduction of new evidence if necessary.
To learn more: