35 U.S.C. 134 (pre-AIA) — Appeal to the Board of Patent Appeals and Interferences

Ninth Edition, Revision 01.2024

[Editor Note: Not applicable to proceedings commenced on or after September 16, 2012. See 35 U.S.C. 134 or 35 U.S.C. 134 (transitional) for the law otherwise applicable.]

• (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 Board of Patent Appeals and Interferences, having once paid the fee for such appeal.
• (b) PATENT OWNER.— A patent owner in any reexamination proceeding may appeal from the final rejection of any claim by the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal.
• (c) THIRD-PARTY.— A third-party requester in an inter partes proceeding may appeal to the Board of Patent Appeals and Interferences from the final decision of the primary examiner favorable to the patentability of any original or proposed amended or new claim of a patent, having once paid the fee for such appeal.