Patents - 35 USC Section 146

01/19/04

Sec. 146. Civil action in case of interference

Any party to an interference dissatisfied with the decision of
the Board of Patent Appeals and Interferences on the interference,
may have remedy by civil action, if commenced within such time
after such decision, not less than sixty days, as the Director
appoints or as provided in section 141 of this title, unless he has
appealed to the United States Court of Appeals for the Federal
Circuit, and such appeal is pending or has been decided. In such
suits the record in the Patent and Trademark Office shall be
admitted on motion of either party upon the terms and conditions as
to costs, expenses, and the further cross-examination of the
witnesses as the court imposes, without prejudice to the right of
the parties to take further testimony. The testimony and exhibits
of the record in the Patent and Trademark Office when admitted
shall have the same effect as if originally taken and produced in
the suit.
Such suit may be instituted against the party in interest as
shown by the records of the Patent and Trademark Office at the time
of the decision complained of, but any party in interest may become
a party to the action. If there be adverse parties residing in a
plurality of districts not embraced within the same state, or an
adverse party residing in a foreign country, the United States
District Court for the District of Columbia shall have jurisdiction
and may issue summons against the adverse parties directed to the
marshal of any district in which any adverse party resides. Summons
against adverse parties residing in foreign countries may be served
by publication or otherwise as the court directs. The Director
shall not be a necessary party but he shall be notified of the
filing of the suit by the clerk of the court in which it is filed
and shall have the right to intervene. Judgment of the court in
favor of the right of an applicant to a patent shall authorize the
Director to issue such patent on the filing in the Patent and
Trademark Office of a certified copy of the judgment and on
compliance with the requirements of law.

Last modified: April 19, 2006