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Difference between revisions of "USA patent courts and appeals"

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Examples of cases that went all the way to the Supreme Court are the [[Diamond v. Diehr (1981, USA)|Diamond v. Diehr]] case of 1981, and the [[Bilksi v. Kappos]] case of 2009.
 
Examples of cases that went all the way to the Supreme Court are the [[Diamond v. Diehr (1981, USA)|Diamond v. Diehr]] case of 1981, and the [[Bilksi v. Kappos]] case of 2009.
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==Related pages on {{SITENAME}}==
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* [[US Supreme Court]]
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* [[US Court of Appeals for the Federal Circuit]]
  
 
==External links==
 
==External links==

Revision as of 11:22, 16 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.

Related pages on ESP Wiki

External links

Wikipedia articles