What are civil suits under 35 U.S.C. 145 and 146?

Civil suits under 35 U.S.C. 145 and 146 are legal actions that can be filed in the U.S. District Court for the Eastern District of Virginia. These suits allow applicants or parties to challenge decisions made by the U.S. Patent and Trademark Office (USPTO).

According to MPEP 1216.02, “A civil action under 35 U.S.C. 145 or 146 is commenced by filing a complaint in the U.S. District Court for the Eastern District of Virginia within the time specified in 37 CFR 90.3(a)(3)(i).” These actions provide an alternative route to appeal USPTO decisions beyond the standard administrative process.

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Tags: civil suits, district court, Patent Appeals, patent law, uspto decisions