What happens after the Federal Circuit issues a decision on a patent appeal?

After the Federal Circuit issues a decision on a patent appeal, the following process occurs:

1. The Clerk of the Federal Circuit forwards a certified copy of the court’s decision (the “mandate”) to the USPTO.
2. The mandate is entered into the file of the application, reexamination, or interference that was the subject of the appeal.
3. The date the mandate was issued marks the conclusion of the appeal.

MPEP 1216.01 states: “After the U.S. Court of Appeals for the Federal Circuit has heard and decided the appeal, the Clerk of the U.S. Court of Appeals for the Federal Circuit forwards to the U.S. Patent and Trademark Office a certified copy of the court’s decision. This certified copy is known as the ‘mandate.’ The mandate is entered in the file of the application, reexamination or interference which was the subject of the appeal.”

The subsequent actions taken by the USPTO depend on the outcome of the appeal, such as whether all claims were rejected or some claims were allowed.

To learn more:

• Federal Circuit
• Patent Appeals
• Court Decision
• USPTO Procedure