Can new evidence be introduced in a civil action under 35 U.S.C. 145?
Yes, new evidence can be introduced in a civil action under 35 U.S.C. 145. This is one of the key differences between a civil action and an appeal to the Federal Circuit. The MPEP 1216 states:
“In an appeal to the Federal Circuit, the record is limited to the record developed before the Board. In contrast, in a civil action under 35 U.S.C. 145, the applicant may submit additional evidence.”
This ability to introduce new evidence can be advantageous for applicants who have discovered new supporting information after the Board’s decision. However, it’s important to note that choosing a civil action typically results in a longer and more expensive process compared to a direct appeal to the Federal Circuit.
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