Office of the Solicitor - Federal Circuit Appeals

Federal Circuit Rules of Procedure

The following topics are generally involved in appeals from USPTO Board decisions to the United States Court of Appeals for the Federal Circuit, with the corresponding Court rule.

  • Review of an Agency Order - How Obtained - Rule 15
  • Filing the Record - Certified List - Rule 17
  • Briefs - Rule 28
  • Appendix - Rule 30
  • Serving and Filing the Briefs - Rule 31
  • Form of Briefs, Appendices and Other Papers - Rule 32

The Federal Circuit Rules are available online

 

Federal Rules Governing Appeals From USPTO Board Decisions

  • Judicial Review of BPAI Decisions 37 C.F.R. §§ 1.301 - 1.304
  • Judicial Review of TTAB Decisions 37 C.F.R. § 2.145
  • Extension of Time to File Appeal (Patent) - 37 C.F.R. § 1.304(a)(3)
  • Extension of Time to File Appeal (Trademark) - 37 C.F.R. § 2.145(e)
  • Service of Process 37 C.F.R. §§ 104.21 - 104.24