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IN 35 USC 146 ACTIONS, SHOULD DISTRICT COURTS DECIDE ISSUES THAT WERE NOT REACHED BY THE BPAI? By Charles L. Gholz1, 21Partner in and head of the Interference Section of Oblon, Spivak, McClelland,

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How to fill out 35 usc 146 civil

01

Obtain a copy of the decision or order from the Patent Trial and Appeal Board.

02

File a civil action in the United States District Court for the Eastern District of Virginia within 60 days of the decision or order.

03

Notify the Director of the US Patent and Trademark Office (PTO) by serving a copy of the summons and complaint.

Who needs 35 usc 146 civil?

01

Any party dissatisfied with a decision or order of the Patent Trial and Appeal Board regarding a patent interference proceeding.

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What is 35 USC 146 civil?

35 USC 146 is a provision of the United States Code that allows a party dissatisfied with a decision of the Patent Trial and Appeal Board (PTAB) to file a civil action in the appropriate U.S. district court. This statute provides an avenue for appealing the PTAB's decisions regarding patent claims.

Who is required to file 35 USC 146 civil?

A party who is dissatisfied with a decision made by the Patent Trial and Appeal Board (PTAB) regarding a patent application or interference proceeding is required to file a 35 USC 146 civil action.

How to fill out 35 USC 146 civil?

Filing a 35 USC 146 civil action involves submitting a complaint to the appropriate U.S. district court that includes the relevant facts, legal claims, and a request for relief. It is advisable to seek legal counsel to ensure compliance with court rules and procedures.

What is the purpose of 35 USC 146 civil?

The purpose of 35 USC 146 civil is to provide an alternative means for parties to contest unfavorable decisions made by the PTAB, thereby allowing for judicial review of patent claims and offering an opportunity to have a jury decide on patentability issues.

What information must be reported on 35 USC 146 civil?

The complaint must include the identity of the parties, the facts that support the claim, the specific decisions made by the PTAB being appealed, and the relief sought. It may also need to reference prior proceedings and provide evidence related to the case.

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