What is the purpose of civil actions under 35 U.S.C. 145 and 146?
What is the purpose of civil actions under 35 U.S.C. 145 and 146?
Civil actions under 35 U.S.C. 145 and 146 serve distinct purposes in patent law:
- 35 U.S.C. 145: Allows an applicant to challenge a decision of the Patent Trial and Appeal Board (PTAB) by filing a civil action against the Director of the USPTO in federal district court.
- 35 U.S.C. 146: Provides a means for any party to an interference proceeding to challenge the PTAB’s decision by filing a civil action in federal district court.
These actions provide an alternative to appealing directly to the U.S. Court of Appeals for the Federal Circuit, allowing for the introduction of new evidence and a broader review of the PTAB’s decision.
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