35 U.S.C. 329, Appeal - Patent Laws
Potential for Errors: This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code) as amended by the Leahy-Smith America Invents Act. This page was last updated in November 2011. While the page has been edited to help ensure that the changes made by the AIA to this section are reflected in this document, errors are possible. If you notice such errors, please contact Dan Tysver at (firstname.lastname@example.org).
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Redline Clean Version (after America Invents Act) Original (before AIA)
35 U.S.C. 329 Appeal
A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 328(a) may appeal the decision pursuant to sections 141 through 144. Any party to the post-grant review shall have the right to be a party to the appeal.
Effective Dates for Changes Made to this Section
POST-GRANT REVIEW CHANGES
Section 6 of the America Invents Act
(f) REGULATIONS AND EFFECTIVE DATE.--
(1) REGULATIONS.--The Director shall, not later than the date that is 1 year after the date of the enactment of this Act, issue regulations to carry out chapter 32 of title 35, United States Code, as added by subsection (d) of this section.
(A) IN GENERAL.--The amendments made by subsection (d) shall take effect upon the expiration of the 1–year period beginning on the date of the enactment of this Act and, except as provided in section 18 and in paragraph (3), shall apply only to patents described in section 3(n)(1).
(B) LIMITATION.--The Director may impose a limit on the number of post-grant reviews that may be instituted under chapter 32 of title 35, United States Code, during each of the first 4 1–year periods in which the amendments made by subsection (d) are in effect.