---
kind: "range"
citation: "35 U.S.C. §§ 141–144"
title: "35"
from: "141"
to: "144"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/35/141..144"
---

# §141. Appeal to Court of Appeals for the Federal Circuit

- (a) **Examinations.—** An applicant who is dissatisfied with the final decision in an appeal to the Patent Trial and Appeal Board under [section 134(a)](/usc/35/134.md?p=a) may appeal the Board’s decision to the [United States](/usc/35/100.md?p=c) Court of Appeals for the Federal Circuit. By filing such an appeal, the applicant waives his or her right to proceed under [section 145](/usc/35/145.md).
- (b) **Reexaminations.—** A patent owner who is dissatisfied with the final decision in an appeal of a reexamination to the Patent Trial and Appeal Board under [section 134(b)](/usc/35/134.md?p=b) may appeal the Board’s decision only to the [United States](/usc/35/100.md?p=c) Court of Appeals for the Federal Circuit.
- (c) **Post-Grant and Inter Partes Reviews.—** A party to an inter partes review or a post-grant review who is dissatisfied with the final written decision of the Patent Trial and Appeal Board under section [318(a)](/usc/35/318.md?p=a) or [328(a)](/usc/35/328.md?p=a) (as the case may be) may appeal the Board’s decision only to the [United States](/usc/35/100.md?p=c) Court of Appeals for the Federal Circuit.
- (d) **Derivation Proceedings.—** A party to a derivation proceeding who is dissatisfied with the final decision of the Patent Trial and Appeal Board in the proceeding may appeal the decision to the [United States](/usc/35/100.md?p=c) Court of Appeals for the Federal Circuit, but such appeal shall be dismissed if any adverse party to such derivation proceeding, within 20 days after the appellant has filed notice of appeal in accordance with [section 142](/usc/35/142.md), files notice with the Director that the party elects to have all further proceedings conducted as provided in [section 146](/usc/35/146.md). If the appellant does not, within 30 days after the filing of such notice by the adverse party, file a civil action under [section 146](/usc/35/146.md), the Board’s decision shall govern the further proceedings in the case.

# §142. Notice of appeal


When an appeal is taken to the [United States](/usc/35/100.md?p=c) Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Director, within such time after the date of the decision from which the appeal is taken as the Director prescribes, but in no case less than 60 days after that date.


# §143. Proceedings on appeal


With respect to an appeal described in [section 142](/usc/35/142.md), the Director shall transmit to the [United States](/usc/35/100.md?p=c) 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](/usc/35/135.md) or in an inter partes or post-grant review under chapter [31](/usc/35/chptIII-ch31.md) or [32](/usc/35/chptIII-ch32.md). 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.


# §144. Decision on appeal


The [United States](/usc/35/100.md?p=c) Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.