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35 U.S.C. § 145. Civil action to obtain patent
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.
July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 97-164, title I, Sec. 163(a)(7), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-622, title II, Sec. 203(b), Nov. 8, 1984, 98 Stat. 3387; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4605(e), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-571, 1501A-582; Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112-29, Secs. 3(j)(1), 9(a), 20(j), Sept. 16, 2011, 125 Stat. 290, 316, 335.
HISTORICAL AND REVISION NOTES
Bill in equity is changed to civil action and the section is restricted to exclude interferences which are covered by the next section. The time for filing the action is changed to the same as the time for appeal. The requirement for the applicant to file a copy of the decision in the Patent Office is omitted.
Language is changed.
2011—Pub. L. 112-29, Sec. 20(j), struck out "of this title" after "134(a)".
Pub. L. 112-29, Sec. 9(a), substituted "United States District Court for the Eastern District of Virginia" for "United States District Court for the District of Columbia".
Pub. L. 112-29, Sec. 3(j)(1), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences" in two places.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4605(e)], inserted "(a)" after "section 134".
1984—Pub. L. 98-622 substituted "Patent Appeals and Interferences in an appeal under section 134 of this title may," for "Appeals may" in first sentence and "Patent Appeals and Interferences" for "Appeals" in second sentence.
1982—Pub. L. 97-164 substituted "Court of Appeals for the Federal Circuit" for "Court of Customs and Patent Appeals".
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by section 3(j)(1) of Pub. L. 112-29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112-29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by section 1000(a)(9) [title IV, Sec. 4605(e)] 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.
EFFECTIVE DATE OF 1984 AMENDMENT
EFFECTIVE DATE OF 1982 AMENDMENT
CODE OF FEDERAL REGULATIONS
General regulations, see 37 CFR Sec. 1.303.
Time for civil action, see 37 CFR Sec. 1.304.