Appealing PTO decision
1. One path: Petition to PTO commissioner, traditionally used for procedural problems made by examiner.
2. Second path: Fight more about claims. Go to board of patent appeals and interferences, panel of judges w/in PTO regarding claim issues – enablement, lacked novelty, utility, sm, etc.
3. After doing either path, you can enter court system via appeal.
a. Going from board: Can go to district court for DC circuit – fact-finding, etc. Or, go direct to fed circuit if you wish to bypass fact-finding – saves money.
b. If procedural issue: any district court in US – fighting agency over procedural agency issue. Appeal goes to fed circ. Fed circuit appealed to SC.
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