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35 U.S.C. § 144 — Decision on appeal
Federal law — U.S. Code and appendices · legal_authorities
The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.
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Source file: Laws/federal/codes/united-states-code/title-35/section-144-decision-on-appeal--cc510a2de4.md
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Source location: Title 35, Chapter 13, § 144; chapter-013-review-of-patent-and-trademark-office-decisions.md
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The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.
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Federal law — U.S. Code and appendices · legal_authorities
When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Director, within such time after the date of the decision from which the appeal is taken as the Director prescribes, but in no case less than 60 days after that date.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 142
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
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Federal law — U.S. Code and appendices · legal_authorities
Page 66
TITLE 35—PATENTS
§ 144
98–620, title IV, § 414(a), Nov. 8, 1984, 98 Stat. 3363;
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV,
§§ 4605(d), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat.
1536, 1501A–571, 1501A–582; Pub. L. 107–273, div. C,
title III, §§ 13202(b)(2), 13206(b)(1)(B), Nov. 2, 2002,
116 Stat. 1901, 1906; Pub. L. 112–29, §§ 7(c)(3), 20(j),
Sept. 16, 2011, 125 Stat. 314, 335.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., § 61 (R.S. 4913,
amended Mar. 2, 1927, ch. 273, § 10, 44 Stat. 1336).
Language is changed. The requirement that the Com-
missioner notify the parties is omitted and a require-
ment that the court notify the parties is added. The
statement relating to filing the papers and testimony
is made more explicit.
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–29, § 20(j), struck out ‘‘of this title’’
after ‘‘142’’.
Pub. L. 112–29, § 7(c)(3), substituted ‘‘In an ex parte
case, the Director shall submit to the court in writing
the grounds for the decision of the Patent and Trade-
mark Office, addressing all of the issues raised in the
appeal. The Director shall have the right to intervene
in an appeal from a decision entered by the Patent
Trial and Appeal Board in a derivation proceeding
under section 135 or in an inter partes or post-grant re-
view under chapter 31 or 32.’’ for ‘‘In an ex parte case
or any reexamination case, the Director shall submit to
the court in writing the grounds for the decision of the
Patent and Trademark Office, addressing all the issues
involved in the appeal.’’ and struck out second occur-
rence of ‘‘The court shall, before hearing an appeal,
give notice of the time and place of the hearing to the
Director and the parties in the appeal.’’ at the end.
2002—Pub. L. 107–273,
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