UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

717 MADISON PLACE, N.W.

WASHINGTON, D.C. 20439 

PETER R. MARKSTEINER

CLERK OF COURT

CLERK’S OFFICE

202-275-8000

February 23, 2023

NOTICE OF MODIFICATIONS TO PROPOSED AMENDMENTS TO THE 

FEDERAL CIRCUIT RULES OF PRACTICE

Following the periods of public comment, the court reviewed submitted comments 

and has approved the following substantive modifications to the originally proposed 

amendments. All other proposed amendments from September 2022 and January 

2023 will be adopted without additional substantive changes.

Stylistic, cross-reference, and similar changes are not included. New language is 

shown in bold; omitted language is shown with strikethrough.

Please note that the court’s original proposals concerning Federal Circuit Rule 33 and 

33.1 from September 2022 were supplanted by new proposals for those rules and 

Federal Circuit Rule 47.6 in January 2023. The January 2023 proposals were 

adopted without further amendment.

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FEDERAL CIRCUIT RULE 15 – Practice Notes to Rule 15

Time to Appeal or Petition.

The table below is provided only as a convenience to parties, who should 

refer to the statutes, rules, and case law before determining the period 

available for taking an appeal or filing a petition for review and the 

event that starts the period. 

AGENCY STATUTE TIME

Arbitrator 5 U.S.C. §§ 7121, 7703 60 days

Board of Contract Appeals 41 U.S.C. § 7107 120 days

Board of Directors, Office of 

ComplianceCongressional 

Workplace Rights

2 U.S.C. § 1407(c)(3) 90 days

Bureau of Justice 

Assistance 42 U.S.C. § 3796c-2 90 days
AGENCY STATUTE TIME

Government Accountability 

Office Personnel Appeals 

Board

31 U.S.C. § 755 30 days

International Trade 

Commission 19 U.S.C. § 1337 60 days

Merit Systems Protection 

Board 5 U.S.C. § 7703 60 days

Patent Trial and Appeal 

Board; Trademark Trial 

and Appeal Board; Director 

of the United States

Patents and Trademarks 

Office

35 U.S.C. § 142; 15 

U.S.C. § 1071; 37 

C.F.R. §§ 90.3(a)(1), 

1.304, 2.145

2 months 

or 63 days

FEDERAL CIRCUIT RULE 15 – Practice Notes to Rule 15

Filing in the Patent and Trademark Office.

A notice of appeal mailed to the Patent and Trademark Office should be

addressed to

Office of the SolicitorGeneral Counsel

United States Patent and Trademark Office 

Mail Stop 8, Post OfficeP.O. Box 1450

Alexandria, Virginia 22313-1450. 

The general counsel requests that hand delivery, if any, be made 

between the hours of 8:30 a.m. and 5:00 p.m. to

Office of the General Counsel

United States Patent and Trademark Office

Madison East, 10B20, Madison Building East

600 Dulany Street, Alexandria, Virginia 22314. 

FEDERAL CIRCUIT RULE 28 – Practice Notes to Rule 28

Inclusion of Patents in the Addendum.

The addendum to the appellant’s principal brief under Federal Circuit 

Rule 28(c)(1) must include only patents or patent applications that are 
the subject of the appeal. While prior art patents must not be included 

in the addendum, these patents may still be required to be included in

the appendix if referenced in briefing by the parties. See Federal 

Circuit Rule 30(b)(5). 

FEDERAL CIRCUIT RULE 28 – Practice Notes to Rule 28

Inclusion of Patents in the Appendix.

Federal Circuit Rule 30(a)(1)(A)(iii) requires the appendix to include 

patents or patent applications that are the subject of the appeal. Prior 

art patents or other patents may only be included in the appendix as 

required by Federal Circuit Rule 30(b)(5).

FEDERAL CIRCUIT RULE 42 – Practice Notes to Rule 42

 SettlementStipulation of Dismissal Form. 

Using Federal Circuit Form 18 satisfies the requirements to stipulate to 

dismissal of an appeal under Federal Rule of Appellate Procedure 

42(b)(1).