What is the procedure for seeking judicial review of a Board decision?
To seek judicial review of a Board decision, an applicant has two options:
- File a civil action in the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. 145
- Appeal directly to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. 141
The MPEP 1216 states: “The patent applicant may have remedy by civil action against the Director in the United States District Court for the Eastern District of Virginia, or under certain circumstances in the United States Court of Appeals for the Federal Circuit.” The choice between these options depends on factors such as the desired scope of review and the ability to introduce new evidence.
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