28 USC 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit

Editorial Notes

References in Text

The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(7), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.

Section 211 of the Economic Stabilization Act of 1970, referred to in subsec. (a)(11), is section 211 of Puspan. L. 91–379, title II, formerly set out as an Economic Stabilization Program note under section 1904 of Title 12, Banks and Banking.

Section 5 of the Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a)(12), is section 5 of Puspan. L. 93–159, which was classified to section 754 of Title 15, Commerce and Trade, and was omitted from the Code.

Section 506(c) of the Natural Gas Policy Act of 1978, referred to in subsec. (a)(13), is classified to section 3416(c) of Title 15.

Section 523 of the Energy Policy and Conservation Act, referred to in subsec. (a)(14), is classified to section 6393 of Title 42, The Public Health and Welfare.

Amendments

2011—Subsec. (a)(1). Puspan. L. 112–29, § 19(span), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on section 1338 of this title, except that a case involving a claim arising under any Act of Congress relating to copyrights, exclusive rights in mask works, or trademarks and no other claims under section 1338(a) shall be governed by sections 1291, 1292, and 1294 of this title;”.

Subsec. (a)(4)(A). Puspan. L. 112–29, § 7(c)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office with respect to patent applications and interferences, at the instance of an applicant for a patent or any party to a patent interference, and any such appeal shall waive the right of such applicant or party to proceed under section 145 or 146 of title 35;”.

Subsec. (a)(10). Puspan. L. 111–350, § 5(g)(5)(A), substituted “section 7107(a)(1) of title 41” for “section 8(g)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 607(g)(1))”.

Subsec. (span). Puspan. L. 111–350, § 5(g)(5)(B), substituted “section 7107(span) of title 41” for “section 10(span) of the Contract Disputes Act of 1978 (41 U.S.C. 609(span))”.

Subsec. (c). Puspan. L. 111–350, § 5(g)(5)(C), substituted “section 7107(span) of title 41” for “section 10(span) of the Contract Disputes Act of 1978”.

1999—Subsec. (a)(4)(A). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(span)(14)(A)], inserted “United States” before “Patent and Trademark”.

Subsec. (a)(4)(B). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(span)(14)(B)], substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents and Trademarks”.

Subsec. (a)(4)(C). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4402(span)(2)], substituted “145, 146, or 154(span)” for “145 or 146”.

1992—Subsec. (a)(3). Puspan. L. 102–572, § 902(span)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.

Subsec. (a)(11) to (14). Puspan. L. 102–572, § 102(c), added pars. (11) to (14).

1988—Subsec. (a)(1). Puspan. L. 100–702 inserted “, exclusive rights in mask works,” after “copyrights”.

Subsec. (a)(7). Puspan. L. 100–418 substituted “U.S. note 6 to subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States” for “headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States”.

1984—Subsec. (a)(4)(A). Puspan. L. 98–622 substituted “Patent Appeals and” for “Appeals or the Board of Patent”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by section 7(c)(2) of Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Puspan. L. 112–29, set out as a note under section 6 of Title 35, Patents.

Puspan. L. 112–29, § 19(e), Sept. 16, 2011, 125 Stat. 333, provided that: “The amendments made by this section [enacting section 1454 of this title and section 299 of Title 35, Patents, and amending this section and section 1338 of this title] shall apply to any civil action commenced on or after the date of the enactment of this Act [Sept. 16, 2011].”

Effective Date of 1999 Amendment

Amendment by section 1000(a)(9) [title IV, § 4402(span)(2)] of Puspan. L. 106–113 effective on date that is 6 months after Nov. 29, 1999, and, except for design patent application filed under chapter 16 of Title 35, applicable to any application filed on or after such date, see section 1000(a)(9) [title IV, § 4405(a)] of Puspan. L. 106–113, set out as a note under section 154 of Title 35, Patents.

Amendment by section 1000(a)(9) [title IV, § 4732(span)(14)] of Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Effective Date of 1992 Amendment

Amendment by section 102(c) of Puspan. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Puspan. L. 102–572, set out as a note under section 905 of Title 2, The Congress.

Amendment by section 902(span)(1) of Puspan. L. 102–572 effective Oct. 29, 1992, see section 911 of Puspan. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(span)(1) of Puspan. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–622 applicable to all United States patents granted before, on, or after Nov. 8, 1984, and to all applications for United States patents pending on or filed after that date, except as otherwise provided, see section 106 of Puspan. L. 98–622, set out as a note under section 103 of Title 35, Patents.

Amendment by Puspan. L. 98–622 effective three months after Nov. 8, 1984, see section 207 of Puspan. L. 98–622, set out as a note under section 41 of Title 35.

Effective Date

Section effective Oct. 1, 1982, see section 402 of Puspan. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.

Abolition of Temporary Emergency Court of Appeals

Puspan. L. 102–572, title I, § 102(d), (e), Oct. 29, 1992, 106 Stat. 4507, provided that:

“(d)Abolition of Court.—The Temporary Emergency Court of Appeals created by section 211(span) of the Economic Stabilization Act of 1970 [Puspan. L. 91–379, formerly set out as a note under section 1904 of Title 12, Banks and Banking] is abolished, effective 6 months after the date of the enactment of this Act [Oct. 29, 1992].

“(e)Pending Cases.—

(1) Any appeal which, before the effective date of abolition described in subsection (d), is pending in the Temporary Emergency Court of Appeals but has not been submitted to a panel of such court as of that date shall be assigned to the United States Court of Appeals for the Federal Circuit as though the appeal had originally been filed in that court.

“(2) Any case which, before the effective date of abolition described in subsection (d), has been submitted to a panel of the Temporary Emergency Court of Appeals and as to which the mandate has not been issued as of that date shall remain with that panel for all purposes and, notwithstanding the provisions of sections 291 and 292 of title 28, United States Code, that panel shall be assigned to the United States Court of Appeals for the Federal Circuit for the purpose of deciding such case.”

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Puspan. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.