37 CFR § 90.2 — Notice; service. (MPEP Coverage Index) – BlueIron IP
37 CFR § 90.2 Notice; service.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 90.2, including 22 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
37 CFR 90.2 establishes the procedural framework for filing patent appeal notices and initiating judicial review of patent-related decisions through the United States Patent and Trademark Office.
What this section covers
- Requirements for filing a notice of appeal with the USPTO Director under patent appeal procedures.
- Jurisdictional scope for appeals in patent-related contested cases and reexaminations.
Key obligations
- Timely and proper filing of appeal notices with the USPTO Director as mandated by statutory requirements.
- Follow specific procedural guidelines for initiating appeals to the Federal Circuit.
Practice notes
- Carefully review and comply with all formal requirements when filing an appeal notice to avoid procedural dismissal.
- Understand the specific jurisdictional limitations and proper channels for different types of patent appeals.
Official MPEP § 90.2 — Notice; service.
Source: USPTOLast Modified: 10/30/2024 08:50:22
90.2 Notice; service.
- (a)
For an appeal under 35 U.S.C. 141.
- (1) In all appeals, the notice of appeal required by 35 U.S.C. 142 must be filed with the Director of the United States Patent and Trademark Office as provided in § 104.2 of this title. A copy of the notice of appeal must also be filed with the Patent Trial and Appeal Board in the appropriate manner provided in § 41.10(a) , 41.10(b) , or 42.6(b) .
- (2) In all appeals, the party initiating the
appeal must comply with the requirements of the Federal Rules of
Appellate Procedure and Rules for the United States Court of
Appeals for the Federal Circuit, including:
- (i) Serving the requisite number of copies on the Court; and
- (ii) Paying the requisite fee for the appeal.
- (3)
Additional requirements.
- (i) In appeals arising out of an ex parte reexamination proceeding ordered pursuant to § 1.525 , notice of the appeal must be served as provided in § 1.550(f) of this title.
- (ii) In appeals arising out of an inter partes review, a post-grant review, a covered business method patent review, or a derivation proceeding, notice of the appeal must provide sufficient information to allow the Director to determine whether to exercise the right to intervene in the appeal pursuant to 35 U.S.C. 143 , and it must be served as provided in § 42.6(e) of this title.
- (b)
For a notice of election under 35 U.S.C. 141(d) to proceed under
35 U.S.C. 146.
- (1) Pursuant to 35 U.S.C. 141(d) , if an adverse party elects to have all further review proceedings conducted under 35 U.S.C. 146 instead of under 35 U.S.C. 141 , that party must file a notice of election with the United States Patent and Trademark Office as provided in § 104.2 .
- (2) A copy of the notice of election must also be filed with the Patent Trial and Appeal Board in the manner provided in § 42.6(b) .
- (3) A copy of the notice of election must also be served where necessary pursuant to § 42.6(e) .
- (c) For a civil action under 35 U.S.C. 146. The party initiating an action under 35 U.S.C. 146 must file a copy of the complaint no later than five business days after filing the complaint in district court with the Patent Trial and Appeal Board in the manner provided in § 42.6(b) , and the Office of the Solicitor pursuant to § 104.2 . Failure to comply with this requirement can result in further action within the United States Patent and Trademark Office consistent with the final Board decision.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]
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- Appeal Notice
-
- Board Decision
- Judicial Review
- Ex Parte Reexamination
- Ptab Contested Case
| MPEP Section | Rules |
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| MPEP § 1216 | |
| MPEP § 1216.01 | |
| MPEP § 1216.02 |