Can I appeal a PTAB decision directly to a district court?
No, you cannot appeal a Patent Trial and Appeal Board (PTAB) decision directly to a district court. The proper avenue for judicial review of PTAB decisions is through the U.S. Court of Appeals for the Federal Circuit. Here’s why:
- The Federal Circuit has exclusive jurisdiction over appeals from PTAB decisions.
- District courts do not have the authority to review PTAB decisions directly.
- Appeals must follow the process outlined in 35 U.S.C. § 141-144.
As stated in MPEP 1216: “An applicant who is dissatisfied with the decision of the Board may seek judicial review either by an appeal to the U.S. Court of Appeals for the Federal Circuit or by a civil action in the U.S. District Court for the Eastern District of Virginia.”
It’s important to note that while a civil action in district court is mentioned, this option is only available for specific situations, such as interfering patent applications, and is not a direct appeal of the PTAB decision itself.
To learn more: