35 USC § 306 - Appeal

---
identifier: "/us/usc/t35/s306"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 306 - Appeal"
title_number: 35
title_name: "PATENTS"
section_number: "306"
section_name: "Appeal"
chapter_number: 30
chapter_name: "PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS"
part_number: "III"
part_name: "PATENTS AND PROTECTION OF PATENT RIGHTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 112–29, §§ 6(h)(2)(A), 20(j), Sept. 16, 2011, 125 Stat. 312, 335.)"
---


# § 306. Appeal

The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section 134, and may seek court review under the provisions of sections 141 to 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent.

---

**Source Credit**: (Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 112–29, §§ 6(h)(2)(A), 20(j), Sept. 16, 2011, 125 Stat. 312, 335.)

## Editorial Notes

### Amendments

2011—, struck out “of this title” after “134” and after “144”.

, substituted “144” for “145”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

> “The amendment made by this paragraph [amending this section] shall take effect on the date of the enactment of this Act [
> 
> ] and shall apply to any appeal of a reexamination before the Board of Patent Appeals and Interferences or the Patent Trial and Appeal Board that is pending on, or brought on or after, the date of the enactment of this Act.”

, , , provided that:

Amendment by  effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

### Effective Date

Section effective , and applicable to patents in force as of , or issued thereafter, see , set out as an Effective Date of 1980 Amendment note under .