What 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 may seek judicial review only by appealing the decision to the United States Court of Appeals for the Federal Circuit pursuant to 35 U.S.C. 141.“
This is supported by 35 U.S.C. 319 and 35 U.S.C. 329. It’s important to note that unlike ex parte proceedings, parties in AIA trials do not have the option to file a civil action in district court for judicial review.
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