Law - Notice of Appeal To Court

If an appellant is dissatisfied with the decision of the Board of Patent Appeals and Interferences (Board) concerning the rejection of one or more claims, he/she may either (1) file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or (2) file a complaint with the U.S. District Court of the District of Columbia. The filing must occur within 2 months of the mailing date of the Board's decision or, if a request for reconsideration was filed with the Board, within 2 months of the date of mailing of the Board's action on that request. This time period may not be extended by petition and payment of a fee under 37 CFR 136(a).

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1214.06 - Examiner Sustained in Whole or in Part
MPEP 1216 - Judicial Review
MPEP 1216.01 - Appeals to the Federal Circuit
MPEP 1216.02 - Civil Suits Under 35 U.S.C. 145

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