What options does an applicant have for judicial review of a Patent Trial and Appeal Board decision?

An applicant dissatisfied with a final written decision of the Patent Trial and Appeal Board (PTAB) has two options for judicial review:

• Appeal to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. 141
• File a civil action in the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. 145

However, it’s important to note that “By filing an appeal to the U.S. Court of Appeals for the Federal Circuit, the applicant waives the right to seek judicial review by a civil action under 35 U.S.C. 145” as stated in MPEP 1216.

To learn more:

• Judicial Review
• Patent Trial and Appeal Board
• Federal Circuit
• Civil Action
• Patent Application