35 U.S.C. 134 (transitional): Appeal to the Board of Patent Appeals and Interferences

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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35 U.S.C. 134 (transitional)   Appeal to the Board of Patent Appeals and Interferences.

[Editor Note: Applicable to proceedings commenced on or after September 16, 2012, but not applicable to any patent application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note) ). See 35 U.S.C. 134 for the law applicable to patent applications subject to the first inventor to file provisions of the AIA.] See 35 U.S.C. 134 (pre‑AIA) for the law applicable to proceedings commenced before September 16, 2012.]

  • (a) PATENT APPLICANT.— An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal.
  • (b) PATENT OWNER.— A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal.

(Amended Nov. 8, 1984, Public Law 98-622, sec. 204(b)(1), 98 Stat. 3388; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4605(b)); subsections (a)-(c) amended Nov. 2, 2002, Public Law 107-273, secs. 13106 and 13202, 116 Stat. 1901; amended Sept. 16, 2011, Public Law 112-29, sec. 7(b) (effective Sept. 16, 2012), 125 Stat. 284.)