How does a civil action under 35 U.S.C. 146 differ from 35 U.S.C. 145?
How does a civil action under 35 U.S.C. 146 differ from 35 U.S.C. 145?
While both 35 U.S.C. 145 and 146 provide for civil actions, they apply to different scenarios in patent law. The MPEP distinguishes between the two as follows:
“35 U.S.C. 146 provides for civil actions in interference cases. However, the Court of Appeals for the Federal Circuit holds exclusive jurisdiction over interference decisions of the Board. See 35 U.S.C. 141(b), 28 U.S.C. 1295(a)(4)(A).”
In essence:
- 35 U.S.C. 145 applies to applicants dissatisfied with PTAB decisions on their patent applications.
- 35 U.S.C. 146 is specifically for civil actions related to interference cases, which involve disputes between multiple parties claiming the same invention.
It’s important to note that for interference cases, appeals now go directly to the Federal Circuit, limiting the use of 35 U.S.C. 146 civil actions.
To learn more: