Judicial Administration Structure for IP Disputes: United States of America

Information provided by:
The United States Patent and Trademark Office

Supreme Court of the United States (SCOTUS)
(at the discretion of the Court)
                                   
Court of Appeals for the Federal Circuit (CAFC)
[Jurisdiction: ALL Patent cases {35 USC § 141}
TTAB trademark cases only if direct from TTAB {15 USC § 1071 (a)} ]		     Twelve (12) Federal Regional Courts of Appeal
[Jurisdiction: Trademark/Copyright cases; NO patent cases]		     U.S. State Supreme
Courts (i.e. the highest
court in the state judiciary)
         
          Intermediate
U.S. State Appellate Courts
                       
U.S. Court of
Federal Claims		 U.S. Federal District Court (Eastern District
of Virginia (EDVa))
Mandatory for PTAB civil
actions {35 USC § 145}		 U.S. Federal District Courts (94 Trial Courts including EDVa) Lower U.S. State Courts
   Copyright Office Review Board appeals {28 U.S.C. § 1331}
 TTAB civil actions to all District Courts {15 USC § 1071 (b)} ; TTAB actions of foreign parties to EDVa		  
     
                         
U.S. International
Trade
Commission (ITC)		       Patent Trial and
Appeal Board
(PTAB)		   Trademark Trial
and Appeal
Board (TTAB)		     Copyright Office
Review Board		              
                             
             
  Administrative Jurisdiction
• Conduct inter partes investigations into in rem copyright, trademark, and patent infringement claims, trade secret claims, and other unfair trade practices claims.
• Issue general and limited exclusion orders barring entry of accused goods/products through customs.		   Civil Jurisdiction
• 28 USC § 1498 exclusive jurisdiction to hear patent and copyright claims against the United States Government.		   Administrative Jurisdiction
• Review adverse decisions by patent examiner in patent applications.
• Review appeals of reexaminations.
• Conduct inter partes review, post grant reviews, transitional post-grant review for covered business method patents, derivations and interferences.		   Administrative Jurisdiction
• Review adverse decisions by trademark examiners in trademark applications.
• Review oppositions to trademark registrations.
• Review petitions to cancellation trademark registrations.		   Administrative Jurisdiction
• Copyright Office Review Board conducts final administrative reviews of refusals to register copyrights.

NOTE: The Copyright Royalty Board addresses some statutory licensing issues and is not indicated on this graphic. Appeals from the Copyright Royalty Board are filed directly to the U.S. Court of Appeals for the District of Columbia Circuit {17 U.S.C. § 803(d)(1)}.		   Criminal Jurisdiction
• Criminal IP infringement, circumvention, bootleg/ counterfeit marks/labels, cybercrimes, unauthorized recording, trafficking, and trade secret theft.		   Civil Jurisdiction
• IP infringement actions, unfair competition, false marking, dilution, cyber-piracy / cybersquatting, trade secret, Lanham Act claims against the United States Government.		   Civil and Criminal Jurisdiction
• Fraud based on state law, unfair competition, trade secret theft, cybercrimes, IP infringement, breach of contract

NOTE: The specific names of the various levels of U.S. state courts are designated by each state. As such, names could vary. In most states the court of last resort is designated as the Supreme Court.
Disclaimer: The information provided in this graphic is for general use only, and does not constitute legal advice. Always consult the relevant statutes and regulations for jurisdictional issues.