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Difference between revisions of "USA patent courts and appeals"
m (** When the CAFC hears a case '''en banc''', this means that all the judges participated, not just a subset; this is usually done for important cases where the CAFC wants to make a stable ruling) |
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| − | This article describes which bodies handle appeals and disputes of patent validity in the [[USA]]. | + | {{navbox}}This article describes which bodies handle appeals and disputes of patent validity in the [[USA]]. |
* Patents are granted by the [[USPTO]] | * Patents are granted by the [[USPTO]] | ||
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* To contest this ruling, the '''United States Court of Appeals for the Federal Circuit''' (or "'''CAFC'''") | * To contest this ruling, the '''United States Court of Appeals for the Federal Circuit''' (or "'''CAFC'''") | ||
** When the CAFC hears a case '''en banc''', this means that all the judges participated, not just a subset; this is usually done for important cases where the CAFC wants to make a stable ruling | ** When the CAFC hears a case '''en banc''', this means that all the judges participated, not just a subset; this is usually done for important cases where the CAFC wants to make a stable ruling | ||
| − | * To contest this, you can apply to the '''Supreme Court''' (or sometimes "'''SCOTUS'''") | + | * To contest this, you can apply to the '''[[US Supreme Court|Supreme Court]]''' (or sometimes "'''SCOTUS'''") |
* If they accept the case, they will rule on it with the highest authority of the USA | * If they accept the case, they will rule on it with the highest authority of the USA | ||
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[[Category:USA]] | [[Category:USA]] | ||
[[Category:Case law in the USA]] | [[Category:Case law in the USA]] | ||
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Revision as of 22:48, 9 April 2010
This article describes which bodies handle appeals and disputes of patent validity in the USA.
- Patents are granted by the USPTO
- The first place you go to contest a patent's validity is the Board of Patent Appeals and Interferences or "BPAI"
- To contest the BPAI's decision (check this: can you go to a state court?)
- To contest this ruling, the United States Court of Appeals for the Federal Circuit (or "CAFC")
- When the CAFC hears a case en banc, this means that all the judges participated, not just a subset; this is usually done for important cases where the CAFC wants to make a stable ruling
- To contest this, you can apply to the Supreme Court (or sometimes "SCOTUS")
- If they accept the case, they will rule on it with the highest authority of the USA
Examples of cases that went all the way to the Supreme Court are the Diamond v. Diehr case of 1981, and the Bilksi v. Kappos case of 2009.
External links
- http://www.uspto.gov/go/dcom/bpai/index.html - The USPTO's BPAI
- http://www.cafc.uscourts.gov/
- http://www.supremecourtus.gov/
