35 USC § 144 - Decision on appeal

---
identifier: "/us/usc/t35/s144"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 144 - Decision on appeal"
title_number: 35
title_name: "PATENTS"
section_number: "144"
section_name: "Decision on appeal"
chapter_number: 13
chapter_name: "REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS"
part_number: "II"
part_name: "PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 19, 1952, ch. 950, 66 Stat. 802; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97–164, title I, § 163(a)(7), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–620, title IV, § 414(a), Nov. 8, 1984, 98 Stat. 3363; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)"
---


# § 144. Decision on appeal

The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.

---

**Source Credit**: (July 19, 1952, ch. 950, 66 Stat. 802; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97–164, title I, § 163(a)(7), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–620, title IV, § 414(a), Nov. 8, 1984, 98 Stat. 3363; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 62 (R.S. 4914).

Language is changed and the last sentence of the corresponding section of existing statute omitted as superfluous; such a sentence does not appear in the present civil action section,  and in either case the validity of the patent may be questioned.

## Editorial Notes

### Amendments

2002— made technical correction to directory language of . See 1999 Amendment note below.

1999—, as amended by , substituted “Director” for “Commissioner”.

1984— substituted provisions requiring the court to review the decision on the record before the Patent and Trademark Office and upon reaching a determination to issue its mandate and opinion to the Commissioner for provisions which required the court, on petition, to hear and determine the appeal on the evidence produced before the Patent and Trademark Office (with the decision to be confined to the points set forth in the reasons of appeal) and, upon its determination, to return to the Commissioner a certificate of its proceedings and decision.

1982— substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.

1975— substituted “Patent and Trademark Office” for “Patent Office” in two places.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1999 Amendment

Amendment by  effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

### Effective Date of 1984 Amendment

Amendment by  applicable to proceedings pending in the Patent and Trademark Office on , and to appeals pending in the United States Court of Appeals for the Federal Circuit on such date, see , set out as a note under .

### Effective Date of 1982 Amendment

Amendment by  effective , see , set out as a note under , Judiciary and Judicial Procedure.

### Effective Date of 1975 Amendment

Amendment by  effective , see , set out as a note under , Commerce and Trade.