35 U.S.C. § 329 — Appeal (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 329 Appeal
This page consolidates MPEP guidance interpreting 35 U.S.C. § 329, 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 in Inter Partes Reviews involves seeking judicial review of decisions made by the Patent Trial and Appeal Board, specifically through filing an appeal with the Federal Circuit within a prescribed time limit.
What this section covers
- This section covers the process for parties to seek judicial review of final written decisions from inter partes reviews, post-grant reviews, or covered business method reviews by appealing to the Federal Circuit.
Key obligations
- A party must be dissatisfied with the final written decision of the Board to appeal.
- The appeal must be filed within a prescribed time limit with the Federal Circuit.
- Parties must file all required documents to comply with the appeal process.
Practice notes
- Ensure all required documents are included with the appeal to avoid missing critical information.
- Missing the deadline for filing an appeal can result in losing the opportunity to seek judicial review.
Official MPEP § 329 — Appeal
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 329 Appeal.
A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 328(a) may appeal the decision pursuant to sections 141 through 144 . Any party to the post-grant review shall have the right to be a party to the appeal.
(Added Sept. 16, 2011, Public Law 112-29, sec. 6(d) (effective Sept. 16, 2012), 125 Stat. 284.)
- Appeals
- Judicial Review
| MPEP Section | Rules |
|---|---|
| MPEP § 1216 |