35 U.S.C. § 144 — Decision on appeal (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 144 Decision on appeal
This page consolidates MPEP guidance interpreting 35 U.S.C. § 144, including 41 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 covers procedural and substantive requirements for filing an appeal to the U.S. Court of Appeals for the Federal Circuit from decisions in inter partes reviews, post-grant reviews, covered business method patent reviews, and derivations.
What this section covers
- This section covers appeals to the U.S. Court of Appeals for the Federal Circuit from decisions in inter partes reviews, post-grant reviews, covered business method patent reviews, and derivations.
Key obligations
- Practitioners must ensure the appeal notice includes sufficient information as required by MPEP.
- The appeal must be filed within the time limits specified by MPEP.
- Compliance with the U.S. Code and Code of Federal Regulations is required for filing an appeal.
Practice notes
- Ensure the appeal notice includes all necessary information as required by MPEP to avoid dismissal.
- Failing to file the appeal within the specified time limits can result in dismissal.
Official MPEP § 144 — Decision on appeal
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 144 Decision on appeal.
The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.
(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-582 (S. 1948 sec. 4732(a)(10)(A)).)
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- Appeal Notice
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- Appeal Withdrawal
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- Post Decision Procedure
- Certified Copies
- Ex Parte Reexamination
- Reexamination Conclusion
- Examination Procedure
- Office Action Response
- Response Requirements
- Ptab Contested Case
- Reply Period
| MPEP Section | Rules |
|---|---|
| MPEP § 1216.01 |