§134. Appeal to the Board of Patent Appeals and Interferences

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.

(July 19, 1952, ch. 950, 66 Stat. 801 ; Nov. 8, 1984, Pub. L. 98–622, title II, §204(b)(1), 98 Stat. 3388 .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §57 (R.S. 4909 amended (1) Mar. 2, 1927, ch. 273, §5, 44 Stat. 1335 , 1336, (2) Aug. 5, 1939, ch. 451, §2, 53 Stat. 1212 ).

Reference to reissues is omitted in view of the general provision in section 251. Minor changes in language are made.

Amendments

1984-Pub. L. 98–622 substituted "Patent Appeals and Interferences" for "Appeals" in section catchline and text.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–622 effective three months after Nov. 8, 1984, see section 207 of Pub. L. 98–622, set out as a note under section 7 of this title.

Cross References

Appeals to Commissioner from decisions of examiners on applications for registration of trade-marks, see section 1070 of Title 15, Commerce and Trade.

Board of Appeals, composition and duties, see section 7 of this title.

Section Referred to in Other Sections

This section is referred to in sections 141, 145, 154, 306 of this title.