Who can file a civil action under 35 U.S.C. 146 and what decisions can be challenged?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Civil actions under 35 U.S.C. 146 are specific to interference proceedings. According to MPEP 1216.02:

“Any party to an interference proceeding may file a civil action under 35 U.S.C. 146 if dissatisfied with the decision of the Board of Patent Appeals and Interferences.”

Key points about 35 U.S.C. 146 actions:

• Eligible Parties: Any party involved in an interference proceeding can file.
• Challengeable Decisions: The action challenges decisions made by the Patent Trial and Appeal Board (PTAB) in interference cases.
• Scope: It covers disputes regarding priority of invention or patentability issues raised during the interference.
• Timing: The action must be filed within 60 days after the PTAB’s decision.

These actions provide a way for parties in interference proceedings to seek judicial review of PTAB decisions in federal district court, allowing for the introduction of new evidence if necessary.