What is the process for appealing a decision to the U.S. Court of Appeals for the Federal Circuit?

The process for appealing a decision to the U.S. Court of Appeals for the Federal Circuit involves several steps:

• File a written notice of appeal directed to the Director in the U.S. Patent and Trademark Office
• File a copy of the notice of appeal with the Board
• File a copy of the notice of appeal with the Clerk of the Federal Circuit and pay the docket fee

According to MPEP 1216.01, “Filing an appeal to the U.S. Court of Appeals for the Federal Circuit requires that the applicant (A) file in the U.S. Patent and Trademark Office a written notice of appeal (35 U.S.C. 142) directed to the Director; (B) file a copy of the notice of appeal with the Board in the manner provided in 37 CFR 41.10(a), 41.10(b), or 42.6(b), as appropriate; and (C) file with the Clerk of the Federal Circuit a copy of the notice of appeal and pay the docket fee for the appeal, as provided by Federal Circuit Rule 52.”

To learn more:

• Federal Circuit
• Appeal Process
• Patent Appeals
• Notice of Appeal