How is a civil action under 35 U.S.C. 145 or 146 initiated?
To initiate a civil action under 35 U.S.C. 145 or 146, follow these steps:
- File a complaint in the U.S. District Court for the Eastern District of Virginia within the specified timeframe.
- Serve copies of the complaint and summons on the Director of the USPTO, the U.S. Attorney for the District of Columbia, and the Attorney General.
- For actions under 35 U.S.C. 146, file a copy of the complaint with the Patent Trial and Appeal Board (PTAB).
The MPEP states: “copies of the complaint and summons must be served in a timely manner on the Director, the U.S. Attorney for the District of Columbia, and the Attorney General in the manner set forth in Rule 4(i) of the Federal Rules of Civil Procedure.” Additionally, “The party initiating an action under 35 U.S.C. 146 must also file a copy of the complaint with the Board in the manner provided in 37 CFR 42.6(b) no later than five days after filing the complaint in district court.“
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