What is the purpose of a civil action under 35 U.S.C. 145?
What is the purpose of a civil action under 35 U.S.C. 145?
A civil action under 35 U.S.C. 145 provides an alternative to an appeal to the Court of Appeals for the Federal Circuit for an applicant dissatisfied with the decision of the Patent Trial and Appeal Board (PTAB). The MPEP states:
“Under 35 U.S.C. 145, an applicant dissatisfied with the decision of the Board may, unless appeal has been taken to the Court of Appeals for the Federal Circuit (CAFC), have remedy by civil action against the Director in the United States District Court for the Eastern District of Virginia.”
This civil action allows the applicant to introduce new evidence that was not presented to the USPTO during prosecution, potentially strengthening their case for patent grant.
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