35 U.S.C. § 145 — Civil action to obtain patent

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 145 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets a patent applicant sue in federal court if unhappy with a Patent Trial and Appeal Board decision, instead of appealing to the Federal Circuit. The court can rule that the applicant deserves a patent. The applicant must pay all expenses of the lawsuit, and must sue within a set time.

This section gives a patent applicant a way to challenge a decision by the Patent Trial and Appeal Board through a lawsuit, instead of an appeal. An applicant who is dissatisfied with the Board's decision under section 134(a) may bring this civil action — but only if the applicant has not already appealed that decision to the United States Court of Appeals for the Federal Circuit. The lawsuit must be filed against the Director, in the United States District Court for the Eastern District of Virginia. It must be started within a certain time after the Board's decision — the Director sets that time limit, but it cannot be less than sixty days. The court can decide that the applicant is entitled to a patent, covering whatever claims were part of the Board's decision, based on how the facts appear in the case. If the court decides this, it authorizes the Director to issue the patent, once the usual legal requirements are met. The applicant must pay all the expenses of this court proceeding.

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

An applicant dissatisfied with the decision of the Patent Trial and Appeal Board in an appeal under section 134(a) may, unless appeal has been taken to the United States Court of Appeals for the Federal Circuit, have remedy by civil action against the Director in the United States District Court for the Eastern District of Virginia if commenced within such time after such decision, not less than sixty days, as the Director appoints. The court may adjudge that such applicant is entitled to receive a patent for his invention, as specified in any of his claims involved in the decision of the Patent Trial and Appeal Board, as the facts in the case may appear and such adjudication shall authorize the Director to issue such patent on compliance with the requirements of law. All the expenses of the proceedings shall be paid by the applicant.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 97–164, title I, § 163(a)(7), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–622, title II, § 203(b), Nov. 8, 1984, 98 Stat. 3387; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4605(e), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–571, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§ 3(j)(1), 9(a), 20(j), Sept. 16, 2011, 125 Stat. 290, 316, 335.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 803
1982Amended · Pub. L. 97-164 · 96 Stat. 49
1984Amended · Pub. L. 98-622 · 98 Stat. 3387
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906
2011Amended · Pub. L. 112-29 · 125 Stat. 290, 316, 335

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

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