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Patents - 35 USC Section 145

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01/19/04


Sec. 145. Civil action to obtain patent


An applicant dissatisfied with the decision of the Board of
Patent Appeals and Interferences in an appeal under section 134(a)
of this title may, unless appeal has been taken to the United
States Court of Appeals for the Federal Circuit, have remedy by
civil action against the Director in the United States District
Court for the District of Columbia if commenced within such time
after such decision, not less than sixty days, as the Director
appoints. The court may adjudge that such applicant is entitled to
receive a patent for his invention, as specified in any of his
claims involved in the decision of the Board of Patent Appeals and
Interferences, as the facts in the case may appear and such
adjudication shall authorize the Director to issue such patent on
compliance with the requirements of law. All the expenses of the
proceedings shall be paid by the applicant.

Last modified: April 20, 2006