The term appellant refers to any party who files a notice of appeal or cross-appeal in a patent case. This includes both the owner of the patent and any third parties who may challenge a decision. If multiple parties are involved in the appeal process, each one is considered an appellant for the specific claims they are appealing.
The term appellant is primarily used in the context of patent law, particularly during the appeal process before the Board of Patent Appeals and Interferences. It is relevant in situations where a party disagrees with a decision made by the United States Patent and Trademark Office (USPTO) regarding patent applications or rejections. Understanding the role of an appellant is crucial for anyone involved in patent disputes, as it can affect the outcome of the appeal and subsequent legal rights.
Here are a couple of examples of abatement:
Example 1: A patent owner receives a rejection from the USPTO regarding a new invention. They decide to file an appeal to challenge this decision, becoming the appellant in the case.
Example 2: A competitor believes that a patent granted to another party is invalid. They file a cross-appeal against the patent owner's appeal, thus also becoming an appellant (hypothetical example).
Relevant laws include:
| Term | Definition | Difference |
|---|---|---|
| Appellee | The party opposing the appeal. | The appellee is the party that won at the lower court or agency level, while the appellant is the one appealing that decision. |
| Cross-appellant | A party who files a cross-appeal. | A cross-appellant is also an appellant but specifically appeals against a decision made in response to another appellant's appeal. |
If you believe you need to file an appeal regarding a patent decision, consider the following steps:
| Attribute | Details |
|---|---|
| Typical Fees | Varies based on legal representation and filing fees. |
| Jurisdiction | Federal jurisdiction under the USPTO. |
| Possible Outcomes | Upholding, reversing, or modifying the original decision. |
An appellant is the party that challenges a decision made by the USPTO by filing an appeal.
