35 U.S.C. § 143 — Proceedings on appeal

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

When a patent decision is appealed under section 142, the Director must send the Federal Circuit a certified list of the case record and explain the Patent Office's reasons in cases without an opposing party. The Director can also intervene in certain related appeals, and the court must notify everyone before a hearing.

For an appeal described in section 142, the Director of the Patent and Trademark Office must send the United States Court of Appeals for the Federal Circuit a certified list of every document that makes up the record in the Patent and Trademark Office. While the appeal is pending, the court may ask the Director to send the original documents or certified copies of them. In an ex parte case — one without an opposing party — the Director must submit to the court, in writing, the grounds for the decision of the Patent and Trademark Office, addressing every issue raised in the appeal. The Director has the right to intervene in an appeal from a decision entered by the Patent Trial and Appeal Board in a derivation proceeding under section 135, or in an inter partes review or post-grant review under chapter 31 or 32. Before hearing any appeal, the court must give notice of the time and place of the hearing to the Director and to the parties in the appeal.

the actual law source: uscode.house.gov ↗public domain

With respect to an appeal described in section 142, the Director shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Director forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Director shall submit to the court in writing the grounds for the decision of the Patent and Trademark Office, addressing all of the issues raised in the appeal. The Director shall have the right to intervene in an appeal from a decision entered by the Patent Trial and Appeal Board in a derivation proceeding under section 135 or in an inter partes or post-grant review under chapter 31 or 32. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Director and the parties in the appeal.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 802; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97–164, title I, § 163(a)(7), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–620, title IV, § 414(a), Nov. 8, 1984, 98 Stat. 3363; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4605(d), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–571, 1501A–582; Pub. L. 107–273, div. C, title III, §§ 13202(b)(2), 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1901, 1906; Pub. L. 112–29, §§ 7(c)(3), 20(j), Sept. 16, 2011, 125 Stat. 314, 335.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 802
1975Amended · Pub. L. 93-596 · 88 Stat. 1949
1982Amended · Pub. L. 97-164 · 96 Stat. 49
1984Amended · Pub. L. 98-620 · 98 Stat. 3363
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1901, 1906
2011Amended · Pub. L. 112-29 · 125 Stat. 314, 335

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

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