35 U.S.C. 319 Appeal. (Sept. 16, 2012)
A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 318(a) may appeal the decision pursuant to sections 141 through 144. Any party to the inter partes review shall have the right to be a party to the appeal.
(Added Sept. 16, 2011, Leahy-Smith America Invents Act, Public Law 112-29, sec. 6(a), 125 Stat. 284, effective Sept. 16, 2012.)
[*End Editor's Note: Chapter 31—Inter Partes Review (Sept. 16, 2012)]
[*Begin Editor's Note: Chapter 31—Inter Partes Review Regulations and Effective Date (Sept. 16, 2011)]
Leahy-Smith America Invents Act, Public Law 112-29, sec. 6(c), 125 Stat. 284, provides as follows:
REGULATIONS AND EFFECTIVE DATE.—
- (1) REGULATIONS.—The Director shall, not later than [Sept. 16, 2012] the date that is 1 year after the date of the enactment of this Act, issue regulations to carry out chapter 31 of title 35, United States Code, as added by subsection (a) of this section.
- (2) APPLICABILITY.—
- (A) IN GENERAL.—The amendments made by subsection (a) shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent issued before, on, or after that effective date.
- (B) GRADUATED IMPLEMENTATION.—The Director may impose a limit on the number of inter partes reviews that may be instituted under chapter 31 of title 35, United States Code, during each of the first 4 1-year periods in which the amendments made by subsection (a) are in effect, if such number in each year equals or exceeds the number of inter partes reexaminations that are ordered under chapter 31 of title 35, United States Code, in the last fiscal year ending before the effective date of the amendments made by subsection (a).
[*End Editor's Note: Chapter 31—Inter Partes Review Regulations and Effective Date (Sept. 16, 2011)]
[*Begin Editor's Note: Chapter 32—Post-Grant Review (Sept. 16, 2012)]>
Effective September 12, 2012, Chapter 32 will be added to title 35 of the United States Code and read as follows: