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Difference between revisions of "USA patent courts and appeals"
(→Related pages on {{SITENAME}}: * German patent courts and appeals) |
(→The stages of litigation: * To contest a BPAI decision, you go to the United States Court of Appeals for the Federal Circuit (CAFC){{ref}}) |
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==The stages of litigation== | ==The stages of litigation== | ||
| − | * Patents are | + | * Patents are considered at the [[USPTO]] by an examiner |
* Disputes can be taken to the USPTO's ''[[Board of Patent Appeals and Interferences]]'' (BPAI) | * Disputes can be taken to the USPTO's ''[[Board of Patent Appeals and Interferences]]'' (BPAI) | ||
| − | * | + | * To contest a BPAI decision, you go to the [[United States Court of Appeals for the Federal Circuit]] (CAFC){{ref}} |
| Line 12: | Line 12: | ||
| − | * To contest | + | * To contest the district court's 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 | ** 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]]''' ( | + | * To contest the CAFC's ruling, you can apply to the '''[[US Supreme Court|Supreme Court]]''' (sometimes abbreviated "'''SCOTUS'''") |
** This is called applying for certiorari | ** This is called applying for certiorari | ||
* If the Supreme Court grants certiorari, they will rule on it with the highest authority of the USA | * If the Supreme Court grants certiorari, they will rule on it with the highest authority of the USA | ||
Revision as of 08:47, 14 July 2010
This article describes which bodies handle approval, rejection, and disputes of patent validity in the USA.
The stages of litigation
- Patents are considered at the USPTO by an examiner
- Disputes can be taken to the USPTO's Board of Patent Appeals and Interferences (BPAI)
- To contest a BPAI decision, you go to the United States Court of Appeals for the Federal Circuit (CAFC)[reference needed]
- 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 the district court's 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 (sometimes abbreviated "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
