35 USC 315
Appeal

Executive summary:

This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code). This page was last updated in November 2005. All of the sections of the Patent Act are listed on the Index page. A Word Index is also available to the Patent Act.

For more information on patent law, please see the Patent or Software Patent Sections of BitLaw.

Previous Section (§314) | Next Section (§316)

§315. Appeal

(a)

Patent owner. The patent owner involved in an inter partes reexamination proceeding under this chapter [35 USC § §311 et seq.]--

(1)

may appeal under the provisions of section 134 and may appeal under the provisions of sections 141 through 144 [35 USC § §141 through 144], with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent; and

(2)

may be a party to any appeal taken by a third-party requester under subsection (b).

(b)

Third-party requester. A third-party requester--

(1)

may appeal under the provisions of section 134, and may appeal under the provisions of sections 141 through 144 [35 USC 141 through 144], with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; and

(2)

may, subject to subsection (c), be a party to any appeal taken by the patent owner under the provisions of section 134 [35 USC 134] or sections 141 through 144 [35 USC 141 through 144].

(c)

Civil action. A third-party requester whose request for an inter partes reexamination results in an order under section 313 [35 USC 313] is estopped from asserting at a later time, in any civil action arising in whole or in part under section 1338 of title 28, the invalidity of any claim finally determined to be valid and patentable on any ground which the third-party requester raised or could have raised during the inter partes reexamination proceedings. This subsection does not prevent the assertion of invalidity based on newly discovered prior art unavailable to the third-party requester and the Patent and Trademark Office at the time of the inter partes reexamination proceedings.