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What is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146?

By russ.krajec@blueironip.com | September 27, 2024

What is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146? The USPTO plays a significant role in civil actions under 35 U.S.C. 145 and 146. According to MPEP 1216.02: “In an action under 35 U.S.C. 145, the Director is the defendant; in an action under 35 U.S.C. 146, the…

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What is the purpose of civil actions under 35 U.S.C. 145 and 146?

By russ.krajec@blueironip.com | September 27, 2024

What is the purpose of civil actions under 35 U.S.C. 145 and 146? Civil actions under 35 U.S.C. 145 and 146 serve distinct purposes in patent law: 35 U.S.C. 145: Allows an applicant to challenge a decision of the Patent Trial and Appeal Board (PTAB) by filing a civil action against the Director of the…

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What is the purpose of a civil action under 35 U.S.C. 145?

By russ.krajec@blueironip.com | September 27, 2024

What is the purpose of a civil action under 35 U.S.C. 145? A civil action under 35 U.S.C. 145 provides an alternative to an appeal to the Court of Appeals for the Federal Circuit for an applicant dissatisfied with the decision of the Patent Trial and Appeal Board (PTAB). The MPEP states: “Under 35 U.S.C.…

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What happens to pending applications during a 35 U.S.C. 145 civil action?

By russ.krajec@blueironip.com | September 27, 2024

What happens to pending applications during a 35 U.S.C. 145 civil action? When a civil action under 35 U.S.C. 145 is initiated, it impacts the status of the pending patent application. The MPEP provides clear guidance on this: “When an applicant files a civil action under 35 U.S.C. 145, the patent application remains pending, but…

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Can new evidence be introduced in a civil action under 35 U.S.C. 145?

By russ.krajec@blueironip.com | September 27, 2024

Yes, new evidence can be introduced in a civil action under 35 U.S.C. 145. This is one of the key differences between a civil action and an appeal to the Federal Circuit. The MPEP 1216 states: “In an appeal to the Federal Circuit, the record is limited to the record developed before the Board. In…

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Can new evidence be introduced in a 35 U.S.C. 145 action?

By russ.krajec@blueironip.com | September 27, 2024

Yes, in an action under 35 U.S.C. 145, the plaintiff is allowed to introduce new evidence that was not previously presented to the U.S. Patent and Trademark Office (USPTO). This is one of the key advantages of pursuing a civil action under 35 U.S.C. 145 instead of a direct appeal to the Federal Circuit. The…

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What are the expenses involved in a civil action under 35 U.S.C. 145?

By russ.krajec@blueironip.com | September 27, 2024

In a civil action under 35 U.S.C. 145, the applicant is responsible for all expenses related to the proceedings. The MPEP clearly states: “All the expenses of the proceedings shall be paid by the applicant (see 35 U.S.C. 145).“ These expenses may include, but are not limited to: Court filing fees Attorney fees Expert witness…

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How does a civil action under 35 U.S.C. 146 differ from 35 U.S.C. 145?

By russ.krajec@blueironip.com | September 27, 2024

How does a civil action under 35 U.S.C. 146 differ from 35 U.S.C. 145? While both 35 U.S.C. 145 and 146 provide for civil actions, they apply to different scenarios in patent law. The MPEP distinguishes between the two as follows: “35 U.S.C. 146 provides for civil actions in interference cases. However, the Court of…

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What are the cost implications of filing a civil action under 35 U.S.C. 145?

By russ.krajec@blueironip.com | September 27, 2024

What are the cost implications of filing a civil action under 35 U.S.C. 145? Filing a civil action under 35 U.S.C. 145 can have significant cost implications for the applicant. The MPEP 1216.02 states: “35 U.S.C. 145 requires that the applicant pay all the expenses of the proceedings, regardless of whether the applicant is successful.”…

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What happens after a civil action under 35 U.S.C. 145 or 146 is terminated?

By russ.krajec@blueironip.com | September 27, 2024

After a civil action under 35 U.S.C. 145 or 146 is terminated, the following steps occur: A statement of the court’s final disposition is placed in the electronic file. The file is returned to the examiner for action. The examiner follows the same procedures as those following the termination of a 35 U.S.C. 141 appeal.…

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