What is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146?
What is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146?
The USPTO plays a significant role in civil actions under 35 U.S.C. 145 and 146. According to MPEP 1216.02:
“In an action under 35 U.S.C. 145, the Director is the defendant; in an action under 35 U.S.C. 146, the Director is a party only if he or she intervenes as provided in 35 U.S.C. 146.”
The USPTO’s role varies depending on the type of action:
- 35 U.S.C. 145 Actions:
- The Director of the USPTO is the defendant.
- The USPTO defends the PTAB’s decision in federal district court.
- USPTO attorneys represent the agency’s interests.
- 35 U.S.C. 146 Actions:
- The Director may choose to intervene in the case.
- If intervening, the USPTO becomes a party to the proceedings.
- The USPTO may provide input on patent law and policy issues.
In both types of actions, the USPTO plays a crucial role in upholding the integrity of the patent examination and appeal process, as well as defending the decisions made by the PTAB.
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