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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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 Appeals for the Federal Circuit holds exclusive jurisdiction over interference decisions of the Board. See 35 U.S.C. 141(b) , 28 U.S.C. 1295(a)(4)(A) .” In essence: 35 U.S.C. 145 applies to applicants dissatisfied with PTAB decisions on their patent applications. 35 U.S.C. 146 is specifically for civil actions related to interference cases, which involve disputes between multiple parties claiming the same invention. It’s important to note that for interference cases, appeals now go directly to the Federal Circuit, limiting the use of 35 U.S.C. 146 civil actions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Time for Commencing Civil Action Under 141(d) MPEP 1216 Required Pre-AIA 35 U.S.C. 315 Applies to Inter Partes Reexamination MPEP 1216 Waive Civil Action by Filing Appeal to Federal Circuit MPEP 1216 Appeal to Federal Circuit Only for Dissatisfied Patent Owners MPEP 1216 Permitted 63 Days for Appeal or Civil Action After Board Decision MPEP 1216 Appeal to Federal Circuit for Ex Parte Reexamination MPEP 1216 Permitted Appeal or Civil Action for Derivation Decision MPEP 1216 Permitted Complaint Copy Must Be Filed With PTAB and USPTO Office of the Solicitor Within Five Business Days MPEP 1216 Appellant Must File Civil Action Within 30 Days MPEP 1216 Required Notice of Appeal Must Be Filed With Director MPEP 1216 Required Other Related FAQs 5 FAQs Collapse When are proceedings considered terminated in a patent applicat...