Legal Question in Intellectual Property in New York

patent law/administrative law

re patent term extension application:

facts: 1. PTO rejects initial application for patent term extension, 2. applicant requests reconsideration, 3. PTO again rejects application, making it a ''final agency decision.''

questions: 1. which specific law or rule governs the appeal of the PTO's final decision, 2. to whom is the appeal made (Fed. Cir. court of appeals or Federal district court), 3. how long does the applicant have to file the appeal? Please provide citations of authority for answers.


Asked on 6/26/08, 7:33 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: patent law/administrative law

1. Look in 37 CFR for specific rules governing US Patent Office actions.

2. Appeal can be made to the Board of Patent Appeals and Interferences (BPAI). If they turn you down, you can appeal either to the US District Court for the DC Circuit.

3. Not long. Look again at 37 CFR.

You will be best off by hiring a patent attorney to handle these matters for you. I don't do a lot of litigation-type matters such as these but can recommend several firms that do. Feel free to contact me offline for referrals.

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Answered on 6/26/08, 8:44 am


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