What is the timeframe for appealing a Board decision to the Federal Circuit in an inter partes reexamination?
The timeframe for appealing a Board decision to the U.S. Court of Appeals for the Federal Circuit in an inter partes reexamination is clearly defined in MPEP 2662: The time for the patent owner and/or the third party requester to file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit…
Read MoreWhat is the time limit for filing a judicial review after a PTAB decision?
The time limit for seeking judicial review after a Patent Trial and Appeal Board (PTAB) decision is specified in MPEP 1216 and 37 CFR 90.3: “The time for filing a notice of a 35 U.S.C. 141 appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action under 35…
Read MoreWhat is the procedure for seeking judicial review of a Board decision?
To seek judicial review of a Board decision, an applicant has two options: File a civil action in the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. 145 Appeal directly to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. 141 The MPEP 1216 states: “The patent applicant…
Read MoreHow can a patent owner seek judicial review of an ex parte reexamination decision?
According to MPEP 1216, a patent owner dissatisfied with the final written decision of the Patent Trial and Appeal Board (PTAB) in an ex parte reexamination has only one option for judicial review: “A patent owner who is not satisfied with the final written decision of the Board in an ex parte reexamination may seek…
Read MoreWhat are the judicial review options for parties in AIA trial proceedings?
For parties involved in America Invents Act (AIA) trial proceedings, such as inter partes review, post-grant review, and covered business method review, the MPEP 1216 outlines the following judicial review option: “A party dissatisfied with the final written decision of the Board in an inter partes review, post-grant review, or covered business method review proceeding…
Read MoreWhat is the time limit for filing an appeal to the Federal Circuit?
The time limit for filing an appeal to the U.S. Court of Appeals for the Federal Circuit is strictly enforced. According to MPEP 1216: “The time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action is within 63 days of the PTAB’s…
Read MoreWhat happens if I miss the deadline for filing a notice of appeal to the Federal Circuit?
Missing the deadline for filing a notice of appeal to the Federal Circuit can have serious consequences: The right to appeal may be lost if the notice is not filed within the 63-day period. The PTAB decision becomes final and non-appealable. Limited options remain for reviving the application or patent. The MPEP 1216 states: “A…
Read MoreHow does a civil action under 35 U.S.C. 145 differ from a direct appeal to the Federal Circuit?
How does a civil action under 35 U.S.C. 145 differ from a direct appeal to the Federal Circuit? A civil action under 35 U.S.C. 145 differs from a direct appeal to the Federal Circuit in several key aspects: Venue: 35 U.S.C. 145 actions are filed in federal district court, while appeals go directly to the…
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