35 U.S.C. § 144 — Decision on appeal

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 64 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law covers appeals to the Federal Circuit Court from patent decisions. The court reviews only the record already made at the Patent and Trademark Office. Once it decides, the court sends its ruling back, and that ruling controls what happens next in the case.

This section describes how the United States Court of Appeals for the Federal Circuit handles a patent appeal. The court reviews the case using only "the record before the Patent and Trademark Office." That means the court looks at the evidence and materials already gathered by the Patent and Trademark Office — it does not take new evidence on appeal. After the court reaches its decision, it must send its official order, called a "mandate," along with its written opinion, back to the Patent and Trademark Office. That mandate and opinion must be entered into the Patent and Trademark Office's official record. The court's decision then governs, or controls, any further steps that happen in the case at the Patent and Trademark Office.

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

The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.

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, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

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. 1906

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

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