Patents - 35 USC Section 141
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01/19/04
Sec. 141. Appeal to Court of Appeals for the Federal Circuit
An applicant dissatisfied with the decision in an appeal to the
Board of Patent Appeals and Interferences under section 134 of this
title may appeal the decision to the United States Court of Appeals
for the Federal Circuit. By filing such an appeal the applicant
waives his or her right to proceed under section 145 of this title.
A patent owner, or a third-party requester in an inter partes
reexamination proceeding, who is in any reexamination proceeding
dissatisfied with the final decision in an appeal to the Board of
Patent Appeals and Interferences under section 134 may appeal the
decision only to the United States Court of Appeals for the Federal
Circuit. A party to an interference dissatisfied with the decision
of the Board of Patent Appeals and Interferences on the
interference may appeal the decision to the United States Court of
Appeals for the Federal Circuit, but such appeal shall be dismissed
if any adverse party to such interference, within twenty days after
the appellant has filed notice of appeal in accordance with section
142 of this title, files notice with the Director that the party
elects to have all further proceedings conducted as provided in
section 146 of this title. If the appellant does not, within thirty
days after the filing of such notice by the adverse party, file a
civil action under section 146, the decision appealed from shall
govern the further proceedings in the case.
Last modified: April 20, 2006
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