35 U.S.C. § 319 — Appeal (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 319 Appeal
This page consolidates MPEP guidance interpreting 35 U.S.C. § 319, including 1 rules 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.
Summary
The Appeal process for inter partes review, post-grant review, and covered business method review final written decisions is a critical step in seeking judicial review through the Federal Circuit.
What this section covers
- This section covers the appeal process for inter partes review, post-grant review, and covered business method review final written decisions.
Key obligations
- A party dissatisfied with the final written decision of the Board may seek judicial review only by appealing to the Federal Circuit.
- Appeals must be filed within the time limits specified by the Federal Circuit rules.
- Adhering to procedural requirements set forth in 35 USC and relevant Federal Circuit rules is essential.
Practice notes
- Carefully review the Federal Circuit rules and time limits for appeals.
- Ensure all necessary documentation and procedural requirements are met when filing an appeal.
Official MPEP § 319 — Appeal
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 319 Appeal.
A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 318(a) may appeal the decision pursuant to sections 141 through 144 . Any party to the inter partes review shall have the right to be a party to the appeal.
(Added Sept. 16, 2011, Public Law 112-29, sec. 6(a) (effective Sept. 16, 2012), 125 Stat. 284.)
- Appeals
- Judicial Review
| MPEP Section | Rules |
|---|---|
| MPEP § 1216 |