What is the primary difference between appealing under 35 U.S.C. §141 and §145?

The primary difference between appealing under 35 U.S.C. §141 and §145 lies in the ability to introduce new evidence in the context of the appeal. Section 141 only permits appeals from the Patent Trial and Appeal Board (PTAB) to the Federal Circuit and does not allow new evidence to be submitted. This means the appeal is decided based solely on the record that was before the PTAB.

In contrast, Section 145 provides an opportunity for a party to appeal a PTAB decision to a District Court, and it allows for the introduction of new evidence. This means that when appealing under §145, a party can present additional information or arguments that were not previously part of the PTAB proceedings. This ability to introduce new evidence can significantly affect the outcome of the case since it allows the appellant to bolster their arguments or present new facts that may support their position.

The implications of these differences are crucial during the appeal process. For instance, if a party believes that additional information could change the outcome of their case, appealing under §145 gives them that opportunity, whereas an appeal under §141 would be limited to the existing record.