ESP Wiki is looking for moderators and active contributors!
Difference between revisions of "USA patent courts and appeals"
(topdown review) |
|||
Line 1: | Line 1: | ||
− | {{navbox}}This article describes which bodies handle | + | {{navbox}}This article describes which bodies handle approval, rejection, and disputes of patent validity in the [[USA]]. |
* Patents are granted by the [[USPTO]] | * Patents are granted by the [[USPTO]] | ||
− | * | + | * Disputes can be taken to the USPTO's ''[[Board of Patent Appeals and Interferences]]'' (BPAI) |
− | * To contest | + | * (To contest a BPAI decision - where?) |
− | |||
− | |||
− | |||
− | |||
− | + | * When you sue someone for patent infringement, the validity of the patent can be called into question, and this litigation is in a District Court | |
+ | ** When suing someone, you might also apply to the [[United States International Trade Commission|International Trade Commission]] to have imports of their products blocked | ||
+ | |||
+ | * To contest this ruling, you go to the [[United States Court of Appeals for the Federal Circuit]] (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 set a precedent | ||
+ | * To contest the CAFC's ruling, you can apply to the '''[[US Supreme Court|Supreme Court]]''' (or sometimes "'''SCOTUS'''") | ||
+ | ** This is called applying for certiorari | ||
+ | * If the Supreme Court grants certiorari, they will rule on it with the highest authority of the USA | ||
==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== | ||
− | * [[ | + | * [[Case law in the USA]] |
− | |||
==External links== | ==External links== | ||
+ | |||
* http://www.uspto.gov/go/dcom/bpai/index.html - The USPTO's BPAI | * http://www.uspto.gov/go/dcom/bpai/index.html - The USPTO's BPAI | ||
− | |||
− | |||
− | |||
− | |||
− | |||
− | |||
Revision as of 08:37, 17 April 2010
This article describes which bodies handle approval, rejection, and disputes of patent validity in the USA.
- Patents are granted by the USPTO
- Disputes can be taken to the USPTO's Board of Patent Appeals and Interferences (BPAI)
- (To contest a BPAI decision - where?)
- When you sue someone for patent infringement, the validity of the patent can be called into question, and this litigation is in a District Court
- When suing someone, you might also apply to the International Trade Commission to have imports of their products blocked
- To contest this ruling, you go to the United States Court of Appeals for the Federal Circuit (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 set a precedent
- To contest the CAFC's ruling, you can apply to the Supreme Court (or sometimes "SCOTUS")
- This is called applying for certiorari
- If the Supreme Court grants certiorari, they will rule on it with the highest authority of the USA
Related pages on ESP Wiki
External links
- http://www.uspto.gov/go/dcom/bpai/index.html - The USPTO's BPAI