35 U.S.C. 134 — Appeal to the Patent Trial and Appeal Board
Ninth Edition, Revision 01.2024
[Editor Note: Applicable to proceedings commenced on or after September 16, 2012 and applicable to any patent application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note) ). See 35 U.S.C. 134 (transitional) for the law applicable to proceedings commenced on or after September 16, 2012 but not applicable to any patent application subject to the first inventor to file provisions of the AIA. See 35 U.S.C. 134 (pre‑AIA) for the law applicable to proceedings commenced before September 16, 2012.]
- (a) PATENT APPLICANT.— An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.
- (b) PATENT OWNER.— A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.
(Amended Nov. 8, 1984, Public Law 98-622, sec. 204(b)(1), 98 Stat. 3388; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4605(b)); subsections (a)-(c) amended Nov. 2, 2002, Public Law 107-273, secs. 13106 and 13202, 116 Stat. 1901; amended Sept. 16, 2011, Public Law 112-29, secs. 7(b) (effective Sept. 16, 2012) and 3(j) (effective March 16, 2013), 125 Stat. 284.)
Cited authority
Cited by
- 1216 Judicial Review
- 2117 Markush Claims
- 2273 Appeal in Ex Parte Reexamination
- 2274 Appeal Brief
- 2730 Applications Filed on or After May 29, 2000; Grounds for Adjustment
- 2731 Period of Adjustment
- 2732 Reduction of Period of Adjustment of Patent Term
- 35 U.S.C. 6 Patent Trial and Appeal Board
- 35 U.S.C. 134 (transitional) Appeal to the Board of Patent Appeals and Interferences
- 35 U.S.C. 134 (pre-AIA) Appeal to the Board of Patent Appeals and Interferences
- 35 U.S.C. 145 Civil action to obtain patent
- 35 U.S.C. 154 Contents and term of patent; provisional rights
- 35 U.S.C. 306 Appeal
- 37 CFR 1.191 Appeal to Patent Trial and Appeal Board
- 37 CFR 1.701 Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000)
- 37 CFR 1.702 Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000)
- 37 CFR 1.702 (pre-2013-04-01) Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000)
- 37 CFR 1.703 (pre-2012-09-17) Period of adjustment of patent term due to examination delay
- 37 CFR 1.704 Reduction of period of adjustment of patent term
- 37 CFR 1.704 (2012-09-17 thru 2013-12-17) Reduction of period of adjustment of patent term
- 37 CFR 41.2 Definitions
- 37 CFR 41.20 Fees