What happens after a civil action under 35 U.S.C. 145 or 146 is terminated?

After a civil action under 35 U.S.C. 145 or 146 is terminated, the following steps occur:

1. A statement of the court’s final disposition is placed in the electronic file.
2. The file is returned to the examiner for action.
3. The examiner follows the same procedures as those following the termination of a 35 U.S.C. 141 appeal.

The MPEP states: “Upon termination of the civil action, a statement of the court’s final disposition of the case is placed in the electronic file, which is then returned to the examiner for action in accordance with the same procedures as follow termination of a 35 U.S.C. 141 appeal.“

Additionally, “37 CFR 1.197(b) provides that a civil action is terminated when the time to appeal the judgment expires.” If the exact termination date is crucial, it can be obtained from the Office of the Solicitor.

To learn more:

• Civil Action Termination
• Patent Appeals
• USPTO Procedures
• 35 U.S.C. 145
• 35 U.S.C. 146