35 U.S.C. § 143 — Proceedings on appeal (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 143 Proceedings on appeal
This page consolidates MPEP guidance interpreting 35 U.S.C. § 143, including 7 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
This section outlines the requirements for filing an appeal notice in inter partes reviews, post-grant reviews, covered business method reviews, and derivation proceedings, ensuring sufficient information is provided to allow the Director to determine the case.
What this section covers
- The section covers appeals from inter partes reviews, post-grant reviews, covered business method reviews, and derivation proceedings.
Key obligations
- Provide sufficient information in the appeal notice to allow the Director to determine the case.
- Comply with USC and CFR provisions, including submitting documents to the Federal Circuit.
- Ensure the Director can address all issues raised in the appeal.
Practice notes
- Ensure all required information is included in the appeal notice to avoid omissions.
- Timely filing and avoiding omissions in the appeal notice are critical to compliance.
Official MPEP § 143 — Proceedings on appeal
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 143 Proceedings on appeal.
[Editor Note: Applicable to proceedings commenced on or after Sept. 16, 2012. See 35 U.S.C. 143 (pre‑AIA) for the law otherwise applicable.]
With respect to an appeal described in section 142 , the Director shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Director forward the original or certified copies of such documents during the pendency of the appeal. In an ex parte case, the Director shall submit to the court in writing the grounds for the decision of the Patent and Trademark Office, addressing all of the issues raised in the appeal. The Director shall have the right to intervene in an appeal from a decision entered by the Patent Trial and Appeal Board in a derivation proceeding under section 135 or in an inter partes or post-grant review under chapter 31 or 32 .
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Apr. 2, 1982, Public Law 97-164, sec. 163(a)(7), 96 Stat. 49; Nov. 8, 1984, Public Law 98-620, sec. 414(a), 98 Stat. 3363; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-571, 582 (S. 1948 secs. 4605(d) and 4732(a)(10)(A)); Nov. 2, 2002, Public Law 107-273, sec. 13202, 116 Stat. 1901; amended Sept. 16, 2011, Public Law 112-29, secs. 7(c) and 20(j) (effective Sept. 16, 2012), 125 Stat. 284.)
- Appeals
- Appeal Notice
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- Ptab Contested Case
| MPEP Section | Rules |
|---|---|
| MPEP § 1216 | |
| MPEP § 1216.01 |