US Codex
U.S.C.
Notes

§135. Derivation proceedings — Inbound Citations

35 U.S.C. § 135

Cited by 7 provisions in release 119-102.

Citations to 35 U.S.C. § 135 as a whole

  • 35 U.S.C. § 6(b)(3)
    Go to provision →
    (3) conduct derivation proceedings pursuant to section 135; and
  • 35 U.S.C. § 143
    Go to provision →
    With respect to an appeal described in section 142, the Director shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Director forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Director shall submit to the court in writing the grounds for the decision of the Patent and Trademark Office, addressing all of the issues raised in the appeal. The Director shall have the right to intervene in an appeal from a decision entered by the Patent Trial and Appeal Board in a derivation proceeding under section 135 or in an inter partes or post-grant review under chapter 31 or 32. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Director and the parties in the appeal.
  • 35 U.S.C. § 154(b)(1)(A)(iii)
    Go to provision →
    (iii) act on an application within 4 months after the date of a decision by the Patent Trial and Appeal Board under section 134 or 135 or a decision by a Federal court under section 141, 145, or 146 in a case in which allowable claims remain in the application; or

Citations to §135(a)

  • 35 U.S.C. § 154(b)(1)(B)(ii)
    Go to provision →
    (ii) any time consumed by a proceeding under section 135(a), any time consumed by the imposition of an order under section 181, or any time consumed by appellate review by the Patent Trial and Appeal Board or by a Federal court; or
  • 35 U.S.C. § 154(b)(1)(C)(i)
    Go to provision →
    (i) a proceeding under section 135(a);
  • 35 U.S.C. § 315(d)
    Go to provision →
    (d) Notwithstanding sections 135(a), 251, and 252, and chapter 30, during the pendency of an inter partes review, if another proceeding or matter involving the patent is before the Office, the Director may determine the manner in which the inter partes review or other proceeding or matter may proceed, including providing for stay, transfer, consolidation, or termination of any such matter or proceeding.
  • 35 U.S.C. § 325(d)
    Go to provision →
    (d) Notwithstanding sections 135(a), 251, and 252, and chapter 30, during the pendency of any post-grant review under this chapter, if another proceeding or matter involving the patent is before the Office, the Director may determine the manner in which the post-grant review or other proceeding or matter may proceed, including providing for the stay, transfer, consolidation, or termination of any such matter or proceeding. In determining whether to institute or order a proceeding under this chapter, chapter 30, or chapter 31, the Director may take into account whether, and reject the petition or request because, the same or substantially the same prior art or arguments previously were presented to the Office.