35 USC 6
Board of Patent Appeals and Interferences

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.

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§6. Board of Patent Appeals and Interferences

(a)

Establishment and composition. There shall be in the United States Patent and Trademark Office a Board of Patent Appeals and Interferences. The Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Board. The administrative patent judges shall be persons of competent legal knowledge and scientific ability who are appointed by the Director.

(b)

Duties. The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patents and shall determine priority and patentability of invention in interferences declared under section 135(a) [35 USC 135(a)]. Each appeal and interference shall be heard by at least three members of the Board, who shall be designated by the Director. Only the Board of Patent Appeals and Interferences may grant rehearings.

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