
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC134]

 
                            TITLE 35--PATENTS
 
        PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
 
                 CHAPTER 12--EXAMINATION OF APPLICATION
 
Sec. 134. Appeal to the Board of Patent Appeals and 
        Interferences
        
    (a) Patent Applicant.--An applicant for a patent, any of whose 
claims has been twice rejected, may appeal from the decision of the 
administrative patent judge to the Board of Patent Appeals and 
Interferences, having once paid the fee for such appeal.
    (b) Patent Owner.--A patent owner in any reexamination proceeding 
may appeal from the final rejection of any claim by the administrative 
patent judge to the Board of Patent Appeals and Interferences, having 
once paid the fee for such appeal.
    (c) Third-Party.--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 administrative patent judge favorable to 
the patentability of any original or proposed amended or new claim of a 
patent, having once paid the fee for such appeal. The third-party 
requester may not appeal the decision of the Board of Patent Appeals and 
Interferences.

(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622, title II, 
Sec. 204(b)(1), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4605(b)], Nov. 29, 1999, 113 Stat. 1536, 
1501A-570.)


                      Historical and Revision Notes

    Based on Title 35, U.S.C., 1946 ed., Sec. 57 (R.S. 4909 amended (1) 
Mar. 2, 1927, ch. 273, Sec. 5, 44 Stat. 1335, 1336, (2) Aug. 5, 1939, 
ch. 451, Sec. 2, 53 Stat. 1212).
    Reference to reissues is omitted in view of the general provision in 
section 251. Minor changes in language are made.


                               Amendments

    1999--Pub. L. 106-113 reenacted section catchline without change and 
amended text generally. Prior to amendment, text read as follows: ``An 
applicant for a patent, any of whose claims has been twice rejected, may 
appeal from the decision of the primary examiner to the Board of Patent 
Appeals and Interferences, having once paid the fee for such appeal.''
    1984--Pub. L. 98-622 substituted ``Patent Appeals and 
Interferences'' for ``Appeals'' in section catchline and text.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective Nov. 29, 1999, and applicable 
to any patent issuing from an original application filed in the United 
States on or after that date, see section 1000(a)(9) [title IV, 
Sec. 4608(a)] of Pub. L. 106-113, set out as a note under section 41 of 
this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-622 effective three months after Nov. 8, 
1984, see section 207 of Pub. L. 98-622, set out as a note under section 
41 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 141, 145, 154, 306, 315 of 
this title.
