PART 90—JUDICIAL REVIEW OF PATENT TRIAL AND APPEAL BOARD DECISIONS Authority: 35 U.S.C. 2(b)(2). Source: 77 FR 48677, Aug. 14, 2012, unless otherwise noted. § 90.1 Scope. The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes § 90.2 Notice; service. (a) For an appeal under 35 U.S.C. 141. (ii) A copy of the notice of appeal must also be filed with the Patent Trial and Appeal Board in the appropriate manner provided in §§ 41.10(a), 41.10(b), or 42.6(b) of this chapter. (2) In all appeals, the party initiating the appeal must comply with the requirements of the Federal Rules of Appellate Procedure and Rules for the United States Court of Appeals for the Federal Circuit, including: (i) Serving the requisite number of copies on the Court; and (ii) Paying the requisite fee for the appeal. (3) Additional requirements. ex parte (ii) In appeals arising out of an inter partes (b) For a notice of election under 35 U.S.C. 141(d) to proceed under 35 U.S.C. 146. (2) A copy of the notice of election must also be filed with the Patent Trial and Appeal Board in the manner provided in § 42.6(b). (3) A copy of the notice of election must also be served where necessary pursuant to § 42.6(e). (c) For a civil action under 35 U.S.C. 146. [77 FR 48677, Aug. 14, 2012, as amended at 89 FR 22086, Mar. 29, 2024] § 90.3 Time for appeal or civil action. (a) Filing deadline. For an appeal under 35 U.S.C. 141. (2) For a notice of election under 35 U.S.C. 141(d). (3) For a civil action under 35 U.S.C. 145 or 146. (ii) The time for commencing a civil action pursuant to a notice of election under 35 U.S.C. 141(d) is governed by 35 U.S.C. 141(d). (b) Time computation. Rehearing. (2) Holidays. (c) Extension of time. (i) Requested before the expiration of the period for filing an appeal or commencing a civil action, and upon a showing of good cause; or (ii) Requested after the expiration of the period for filing an appeal of commencing a civil action, and upon a showing that the failure to act was the result of excusable neglect. (2) The request must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted request will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia. If there is some circumstance in which electronic mail cannot be used, submission may be by Priority Mail Express® to the Office of the Solicitor, United States Patent and Trademark Office, Mail Stop 8, P.O. Box 1450, Alexandria, Virginia 22313-1450. [77 FR 48677, Aug. 14, 2012, as amended at 89 FR 22086, Mar. 29, 2024]