What are civil suits under 35 U.S.C. 145 and 146?
Civil suits under 35 U.S.C. 145 and 146 are legal actions that can be filed in the U.S. District Court for the Eastern District of Virginia. These suits allow applicants or parties to challenge decisions made by the U.S. Patent and Trademark Office (USPTO). According to MPEP 1216.02, “A civil action under 35 U.S.C. 145…
Read MoreCan I appeal a PTAB decision directly to a district court?
No, you cannot appeal a Patent Trial and Appeal Board (PTAB) decision directly to a district court. The proper avenue for judicial review of PTAB decisions is through the U.S. Court of Appeals for the Federal Circuit. Here’s why: The Federal Circuit has exclusive jurisdiction over appeals from PTAB decisions. District courts do not have…
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