35 U.S.C. § 142

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 142 - Notice of appeal

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.

35 U.S.C. § 142

July 19, 1952, ch. 950, 66 Stat. 802; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97-164, title I, §163(a)(7), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-620, title IV, §414(a), Nov. 8, 1984, 98 Stat. 3362; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.

HISTORICAL AND REVISION NOTESBased on Title 35, U.S.C., 1946 ed., §60 (R.S. 4912, amended (1) Mar. 2, 1927, ch. 273, §9, 44 Stat. 1336, (2) Mar. 2, 1929, ch. 488, §2(b), 45 Stat. 1476).Changes in language are made.

EDITORIAL NOTES

AMENDMENTS2002- Pub. L. 107-273 made technical correction to directory language of Pub. L. 106-113. See 1999 Amendment note below.1999- Pub. L. 106-113 as amended by Pub. L. 107-273 substituted "Director" for "Commissioner" in two places.1984- Pub. L. 98-620 amended section generally, substituting "the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Commissioner, within such time after the date of the decision from which the appeal is taken as the Commissioner prescribes, but in no case less than 60 days after that date" for "the appellant shall give notice thereof to the Commissioner, and shall file in the Patent and Trademark Office his reasons of appeal, specifically set forth in writing, within such time after the date of the decision appealed from, not less than sixty days, as the Commissioner appoints".1982- Pub. L. 97-164 substituted "Court of Appeals for the Federal Circuit" for "Court of Customs and Patent Appeals".1975- Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1999 AMENDMENTAmendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106-113 set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTPub. L. 98-620, title IV, §414(c), Nov. 8, 1984, 98 Stat. 3364, provided that: "The amendments made by this section [amending this section, sections 143 and 144 of this title, and section 1071 of Title 15, Commerce and Trade] shall apply to proceedings pending in the Patent and Trademark Office on the date of the enactment of this Act [Nov. 8, 1984] and to appeals pending in the United States Court of Appeals for the Federal Circuit on such date."

EFFECTIVE DATE OF 1982 AMENDMENTAmendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164 set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1975 AMENDMENTAmendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596 set out as a note under section 1111 of Title 15, Commerce and Trade.

United States
The terms "United States" and "this country" mean the United States of America, its territories and possessions.