US Code Title 35 Section 145

CITE

    35 USC Sec. 145                                             01/05/2009

EXPCITE

    TITLE 35 - PATENTS
    PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
    CHAPTER 13 - REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS

HEAD

    Sec. 145. Civil action to obtain patent

STATUTE

      An applicant dissatisfied with the decision of the Board of
    Patent Appeals and Interferences in an appeal under section 134(a)
    of this title 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 District of Columbia 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 Board of Patent Appeals and
    Interferences, 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

    (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.)

HISTORICAL AND REVISION NOTES

      Based on Title 35, U.S.C., 1946 ed., Sec. 63 (R.S. 4915, amended
    (1) Mar. 2, 1927, ch. 273, Sec. 11, 44 Stat. 1336, (2) Mar. 2,
    1929, ch. 488, Sec. 2(b), 45 Stat. 1476, (3) Aug. 5, 1939, ch. 451,
    Sec. 4, 53 Stat. 1212).
      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.
                                AMENDMENTS
      2002 - Pub. L. 107-273 made technical correction to directory
    language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.
    4732(a)(10)(A)]. See 1999 Amendment note below.
      1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.
    4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted
    "Director" for "Commissioner" wherever appearing.
      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 1999 AMENDMENT
      Amendment by section 1000(a)(9) [title IV, Sec. 4605(e)] of Pub.
    L. 106-113 applicable to any reexamination filed in the United
    States Patent and Trademark Office on or after Nov. 2, 2002, see
    section 13202(d) of Pub. L. 107-273, set out as a note under
    section 134 of this title.
      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.
      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.