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

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 79 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets a patent applicant appeal to the Patent Trial and Appeal Board after an examiner rejects a claim twice. It lets a patent owner in a reexamination appeal a final rejection the same way. Both must pay the appeal fee first.

(a) Patent Applicant. If a patent examiner has rejected any of an applicant's claims twice, the applicant may appeal that decision to the Patent Trial and Appeal Board — but only after paying the required appeal fee. (b) Patent Owner. In a reexamination, if the examiner issues a final rejection of any claim, the patent owner may appeal to the same Board — again, only after paying the required appeal fee.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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), 13202(b)(1), Nov. 2, 2002, 116 Stat. 1901; Pub. L. 112–29, §§ 3(j)(1), (3), 7(b), Sept. 16, 2011, 125 Stat. 290, 313.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 801
  • 1984Amended · Pub. L. 98-622 · 98 Stat. 3388
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1901
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 290, 313

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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