Federal Circuit (CAFC)
Also called Court of Appeals for the Federal Circuit, US Court of Appeals for the Federal Circuit, CAFC, Fed. Cir., patent appeals court
Federal Circuit is the United States Court of Appeals for the Federal Circuit, a federal appeals court with nationwide jurisdiction over appeals in specialized cases, such as those involving patent laws1. It was established under Article III of the Constitution on October 1, 1982, with the passage of the Federal Courts Improvement Act of 19822.
Its jurisdiction is set out mainly in 28 U.S.C. 1295. In patent matters it covers appeals from federal district courts, from the Patent Trial and Appeal Board (PTAB), and from the International Trade Commission3. Decisions of the court may be reviewed by the Supreme Court by writ of certiorari4.
The court
The court's own website says it was formed by the merger of the U.S. Court of Customs and Patent Appeals and the appellate division of the U.S. Court of Claims, is located in the Howard T. Markey National Courts Building on Lafayette Square in Washington, D.C., and generally holds court sessions during the first week of each month there2. The federal judiciary describes it as the 13th court of appeals, with nationwide jurisdiction to hear appeals in specialized cases1.
The statute provides for 12 circuit judges for the Federal circuit, who hold office during good behavior (28 U.S.C. 44(a) and (b))8.
What the Federal Circuit hears
28 U.S.C. 1295(a) gives the court exclusive jurisdiction over the appeals it lists. The table covers those that matter most for patents; the statute also lists others, for example appeals from the Merit Systems Protection Board and agency boards of contract appeals3.
| Appeal from | Basis | Notes |
|---|---|---|
| A federal district court, in a civil action arising under an Act of Congress relating to patents or plant variety protection | 28 U.S.C. 1295(a)(1)3 | Covers an action in which a party has asserted a compulsory counterclaim arising under such an Act. The statute speaks of a final decision of the district court3. See Patent litigation. |
| The Patent Trial and Appeal Board | 28 U.S.C. 1295(a)(4)(A); 35 U.S.C. 1413,5 | Covers decisions on a patent application, derivation proceeding, reexamination, post-grant review or inter partes review, at the instance of a party who exercised its right to participate or appeal to the Board3. A party dissatisfied with the final written decision in an inter partes review or post-grant review may appeal only to the Federal Circuit (35 U.S.C. 141(c))5. See Patent Trial and Appeal Board and Inter partes review. |
| A district court to which a case was directed under 35 U.S.C. 145, 146 or 154(b) | 28 U.S.C. 1295(a)(4)(C)3 | Exclusive jurisdiction over appeals from the district court in those cases. See the note on applicants and derivation parties below3. |
| The International Trade Commission | 28 U.S.C. 1295(a)(6); 19 U.S.C. 1337(c)3,6 | Final determinations under section 337 of the Tariff Act of 1930. A person adversely affected by a final determination under subsections (d), (e), (f) or (g) may appeal within 60 days after the determination becomes final6. See Section 337 investigation. |
| Other courts and bodies | 28 U.S.C. 1295(a)(3), (4)(B), (5)3 | Final decisions of the Court of Federal Claims and the Court of International Trade, and decisions of the USPTO Director or the Trademark Trial and Appeal Board on applications for registration of marks and other proceedings under section 21 of the Trademark Act3. |
- Interlocutory appeals. The court has exclusive jurisdiction of an appeal from an interlocutory order described in 28 U.S.C. 1292(a) or (b), such as an order granting or refusing an injunction, in any case over which it would have jurisdiction under section 1295. It also hears an appeal from a judgment in a civil action for patent infringement that is final except for an accounting (28 U.S.C. 1292(c))7.
- Institution decisions. The Director's determination whether to institute an inter partes review is final and nonappealable (35 U.S.C. 314(d))9.
- Applicants and derivation parties. An applicant or a party to a derivation proceeding may instead bring a civil action under 35 U.S.C. 145 or 146, and an appeal to the Federal Circuit under section 1295(a)(4)(A) waives that right. The district court's decision in such an action, or in a patent term adjustment action under 35 U.S.C. 154(b), is itself appealable to the Federal Circuit (28 U.S.C. 1295(a)(4)(C))3.
Review by the Supreme Court
Under 28 U.S.C. 1254, cases in the courts of appeals may be reviewed by the Supreme Court by writ of certiorari granted upon the petition of any party, or by certification of a question of law by the court of appeals4. Certiorari is the route for Federal Circuit decisions in patent cases, as for other courts of appeals4.
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Run FTO SearchWhat kinds of cases does the Federal Circuit hear?
It has nationwide jurisdiction to hear appeals in specialized cases1. In patent matters, these are appeals from district court civil actions arising under the patent laws, from PTAB decisions, and from final ITC determinations under section 3373. The statute also gives it jurisdiction over appeals from the Court of Federal Claims and the Court of International Trade, among others3.
Where is a PTAB inter partes review decision appealed?
To the Federal Circuit. A party to an inter partes review or post-grant review who is dissatisfied with the final written decision may appeal only to the Federal Circuit (35 U.S.C. 141(c))5. The Director's decision on whether to institute a review is final and nonappealable (35 U.S.C. 314(d))9.
Is the Federal Circuit the last court for a patent case?
Not always. The Supreme Court may review cases in the courts of appeals by writ of certiorari upon petition of any party (28 U.S.C. 1254(1))4. Whether it takes a case is up to the Court.
How long does a party have to appeal an ITC decision?
Under 19 U.S.C. 1337(c), a person adversely affected by a final Commission determination under subsection (d), (e), (f) or (g) may appeal within 60 days after the determination becomes final6. Other appeals have their own time limits, which this page does not cover.
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