
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: 35USC141]

 
                            TITLE 35--PATENTS
 
        PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
 
       CHAPTER 13--REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
 
Sec. 141. Appeal to Court of Appeals for the Federal Circuit

    An applicant dissatisfied with the decision in an appeal to the 
Board of Patent Appeals and Interferences under section 134 of this 
title may appeal the decision to the United States Court of Appeals for 
the Federal Circuit. By filing such an appeal the applicant waives his 
or her right to proceed under section 145 of this title. A patent owner 
in any reexamination proceeding dissatisfied with the final decision in 
an appeal to the Board of Patent Appeals and Interferences under section 
134 may appeal the decision only to the United States Court of Appeals 
for the Federal Circuit. A party to an interference dissatisfied with 
the decision of the Board of Patent Appeals and Interferences on the 
interference may appeal the decision to the United States Court of 
Appeals for the Federal Circuit, but such appeal shall be dismissed if 
any adverse party to such interference, within twenty days after the 
appellant has filed notice of appeal in accordance with section 142 of 
this title, files notice with the Director that the party elects to have 
all further proceedings conducted as provided in section 146 of this 
title. If the appellant does not, within thirty days after the filing of 
such notice by the adverse party, file a civil action under section 146, 
the decision appealed from shall govern the further proceedings in the 
case.

(July 19, 1952, ch. 950, 66 Stat. 802; Pub. L. 97-164, title I, 
Sec. 163(a)(7), (b)(2), Apr. 2, 1982, 96 Stat. 49, 50; Pub. L. 98-622, 
title II, Sec. 203(a), Nov. 8, 1984, 98 Stat. 3387; Pub. L. 106-113, 
div. B, Sec. 1000(a)(9) [title IV, Secs. 4605(c), 4732(a)(10)(A)], Nov. 
29, 1999, 113 Stat. 1536, 1501A-571, 1501A-582.)


                      Historical and Revision Notes

    Based on Title 35, U.S.C., 1946 ed., Sec. 59a (R.S. 4911, amended 
(1) Mar. 2, 1927, ch. 273, Sec. 8, 44 Stat. 1336, (2) Mar. 2, 1929, ch. 
488, Sec. 2a, 45 Stat. 1476, (3) Aug. 5, 1939, ch. 451, Sec. 3, 53 Stat. 
1212).
    Changes in language are made.


                               Amendments

    1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV, 
Sec. 4732(a)(10)(A)], substituted ``Director'' for ``Commissioner''.
    Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4605(c)], inserted 
after second sentence ``A patent owner in any reexamination proceeding 
dissatisfied with the final decision in an appeal to the Board of Patent 
Appeals and Interferences under section 134 may appeal the decision only 
to the United States Court of Appeals for the Federal Circuit.''
    1984--Pub. L. 98-622, Sec. 203(a)(1)(A), substituted ``in an appeal 
to the Board of Patent Appeals and Interferences under section 134 of 
this title may appeal the decision'' for ``of the Board of Patent 
Appeals may appeal'' in first sentence.
    Pub. L. 98-622, Sec. 203(a)(1)(B), substituted ``. By filing such an 
appeal the applicant waives his or her right'' for ``, thereby waiving 
his right'' in first sentence.
    Pub. L. 98-622, Sec. 203(a)(2)(A), substituted ``Board of Patent 
Appeals and Interferences on the interference may appeal the decision'' 
for ``board of patent interferences on the question of priority of 
appeal'' in second sentence.
    Pub. L. 98-622, Sec. 203(a)(2)(B), substituted ``In accordance 
with'' for ``according to'' in second sentence.
    Pub. L. 98-622, Sec. 203(a)(2)(C), substituted ``the party'' for 
``he'' in second sentence.
    Pub. L. 98-622, Sec. 203(a)(3), reenacted last sentence with minor 
changes in wording.
    1982--Pub. L. 97-164, Sec. 163(b)(2), substituted ``Court of Appeals 
for the Federal Circuit'' for ``Court of Customs and Patent Appeals'' in 
section catchline.
    Pub. L. 97-164, Sec. 163(a)(7), substituted ``Court of Appeals for 
the Federal Circuit'' for ``Court of Customs and Patent Appeals'' in two 
places.


                    Effective Date of 1999 Amendment

    Amendment by section 1000(a)(9) [title IV, Sec. 4605(c)] of 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.
    Amendment by section 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)] of 
Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 
1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note 
under section 1 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.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 146, 154, 306, 315 of this 
title.
