35 U.S.C. § 134 Appeal to the Patent Trial and Appeal Board

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-30 (published on www.congress.gov on 12/21/2023)
• Year: 2023
• Citation: 35 U.S.C. § 134

(a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.

(b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.

Cite as 35 U.S.C. § 134

Source: July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622, title II, §204(b)(1), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4605(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-570; Pub. L. 107-273, div. C, title III, §§13106(b), Nov. 2, 2002, 13202, Nov. 2, 2002, 116 Stat. 1901; Pub. L. 112-29, §§3(j)(1), (3), Sept. 16, 2011, 7, Sept. 16, 2011, 125 Stat. 290, 313.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., §57 (R.S. 4909 amended (1) Mar. 2, 1927, ch. 273, §5, 44 Stat. 1335, 1336, (2) Aug. 5, 1939, ch. 451, §2, 53 Stat. 1212).

Reference to reissues is omitted in view of the general provision in section 251. Minor changes in language are made.

EDITORIAL NOTES

AMENDMENTS

2011- Pub. L. 112-29, §3(j)(3), amended section catchline generally. Prior to amendment, section catchline read as follows: "Appeal to the Board of Patent Appeals and Interferences".

Subsec. (a). Pub. L. 112-29, §3(j)(1), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".

Subsec. (b). Pub. L. 112-29, §7(b)(1), substituted "a reexamination" for "any reexamination proceeding".

Pub. L. 112-29, §3(j)(1), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".

Subsec. (c). Pub. L. 112-29, §7(b)(2), struck out subsec. (c). Prior to amendment, text read as follows: "A third-party requester in an inter partes proceeding may appeal to the Board of Patent Appeals and Interferences from the final decision of the primary examiner favorable to the patentability of any original or proposed amended or new claim of a patent, having once paid the fee for such appeal."

2002-Subsecs. (a), (b). Pub. L. 107-273, §13202(b)(1), substituted "primary examiner" for "administrative patent judge".

Subsec. (c). Pub. L. 107-273, §13202(b)(1), substituted "primary examiner" for "administrative patent judge".

Pub. L. 107-273, §13106(b), struck out at end "The third-party requester may not appeal the decision of the Board of Patent Appeals and Interferences."