What are the reasons for filing a petition for stay in a patent term extension application?
Patent owners may file a petition for stay in a patent term extension application when there are unresolved issues relating to the patent that need to be addressed before the extension can be granted. MPEP 2765 states: “Such issues could include, but are not limited to, involvement in an interference, an appeal of a trial…
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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