Can I appeal a PTAB decision directly to a district court?

This page is an FAQ based on guidance 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.

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 the authority to review PTAB decisions directly.
• Appeals must follow the process outlined in 35 U.S.C. § 141-144.

As stated in MPEP 1216: “An applicant who is dissatisfied with the decision of the Board may seek judicial review either by an appeal to the U.S. Court of Appeals for the Federal Circuit or by a civil action in the U.S. District Court for the Eastern District of Virginia.”

It’s important to note that while a civil action in district court is mentioned, this option is only available for specific situations, such as interfering patent applications, and is not a direct appeal of the PTAB decision itself.