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— name, current address, and telephone number. (4) Copies. A petition for review or notice of appeal must be filed in an original (except when the original is filed in the Patent and Trademark Office under 15 U.S.C. § 1071(a)) and three copies. (b) Docketing Petition or Appeal; Notice of Docketing. (1) From the Patent and Trademark Office. (A) In an appeal from the Board of Patent Appeals and Interferences, the Trademark Trial and Appeal Board, or the Director under 15 U.S.C. § 1071(a)(2), the clerk will docket the appeal when the Director of Patents and Trademarks sends a copy of the notice of appeal and the certified list as required by Federal Circuit Rule 17(b)(1). Federal Rules of Appellate Procedure Federal Circuit Rule 26 Rule (c) Service of the Petition or Application. The circuit clerk must serve a copy of the petition for review, or an application or cross-application to enforce an agency order, on each respondent as prescribed by Rule 3(d), unless a different manner of service is prescribed by statute. At the time of filing, the petitioner must: (1) serve, or have served, a copy on each party admitted to participate in the agency proceedings, except for the respondents; (2) file with the clerk a list of those so served; and (3) give the clerk enough copies of the petition or application to serve each respondent. (d) Intervention. Unless a statute provides another method, a person who wants to intervene in a proceeding under this rule must file a motion for leave to intervene with the circuit clerk and serve a copy on all parties. The motion — or other notice of intervention authorized by statute — must be filed within 30 days after the petition for review is filed and must contain a concise statement of the interest of the moving party and the grounds for intervention. (e) Payment of Fees. When filing any separate or joint petition for review in a court of appeals, the petitioner must pay the circuit clerk all required fees. (B) If the Director advises the clerk concerning the untimeliness of an appeal, the clerk may order the appellant to show cause why the appeal should not be dismissed and refer appellant’s response to the court. (C) The clerk will notify all parties of the date the appeal is docketed. (2) From Another Agency. In a petition for review or appeal from an administrative agency other than the Patent and Trademark Office, the clerk will docket a timely appeal or petition upon receipt. (3) Notice of Docketing. The clerk must notify all parties of the date the appeal or petition for review is docketed. (c) Statement Concerning Discrimination. (1) Petitioner’s Statement. Within 14 days after a petition for review of a decision of the Merit Systems Protection Board or a decision of an arbitrator under 5 U.S.C. § 7121 is docketed, the petitioner must serve on the respondent and file with the clerk: (A) one of the following statements: (i) no claim of discrimination by reason of race, sex, age, national origin, or handicapped condition has been or will be made in the case; (ii) any claim of discrimination by reason of race, sex, age, national origin, or handicapped condition raised before the Board has been abandoned and will not be raised or continued in this or any other court; (iii) the petition seeks review only of the Board’s dismissal of the case for lack of jurisdiction or for untimeliness; (iv) the case involves an application to the Office of Personnel Management for benefits; or (v) the case was transferred to the Court of Appeals for the Federal Circuit from a district court and petitioner continues to contest the transfer; and (B) a statement whether petitioner has filed a discrimination case: (i) in a United States district court; or 15 27 Federal Rules of Appellate Procedure Federal Circuit Rule Rule 15 (ii) in the Equal Employment Opportunity Commission. (2) Response When a Claim of Discrimination is Raised in a Motion or Brief. If the petitioner in a case described in Federal Circuit Rule 15(c)(1) files a motion or brief making a claim of discrimination as to the case before the court, the respondent must: (A) state, in a responsive motion or brief, one of the following: (i) the respondent concurs in the petitioner’s statement concerning discrimination; (ii) any claim of discrimination the petitioner made to the Merit Systems Protection Board was frivolous, with supporting reasons; or (iii) the petitioner presented no evidence of discrimination to the Merit Systems Protection Board; (B) state, if known, whether a discrimination claim has been filed in a United States district court or in the Equal Employment Opportunity Commission; and (C) include in the response or brief any other information relevant to the statement concerning discrimination. (d) Untimely Petition for Review or Notice of Appeal. The clerk may return a petition for review or notice of appeal that is untimely on its face. (e) Notice of Election Under 35 U.S.C. § 141 or 15 U.S.C. § 1071(a)(1). A party filing a notice of election under 35 U.S.C. § 141 or 15 U.S.C. § 1071(a)(1) with the Director of Patents and Trademarks must file a copy of the notice with the clerk, and the clerk must dismiss the appeal. (f) Judicial Review of Department of Veterans Affairs Rules and Regulations. See Federal Circuit Rule 47.12. 28 Rule Practice Notes Time to Appeal or Petition. The table below is provided only as a convenience to counsel, 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. Counsel should also note that the event that causes the period to run varies in each case. Agency Statute Time Arbitrator 5 U.S.C. §§ 7121, 7703 60 days Merit Systems Protection Board 5 U.S.C. § 7703 60 days General Accounting Office 31 U.S.C. § 755 30 days Personnel Appeals Board Board of Patent Appeals and 35 U.S.C. § 142 2 months; 14 days Interferences; Trademark for cross appeal Trial and Appeal Board; 15 U.S.C. § 1071 Director of Patents and Trademarks 37 C.F.R. §§ 1.304, 2.145 International Trade Commission 19 U.S.C. § 1337 60 days Board of Contract Appeals 41 U.S.C. § 607(g) 120 days Secretary of Commerce 19 U.S.C. § 1202 20 days Secretary of Agriculture 7 U.S.C. § 2461 60 days Secretary of Veterans Affairs 38 U.S.C. § 502 60 days Secretary of Labor; 28 U.S.C. § 1296 30 days Occupational Safety and Health Review Commission; Federal Labor Relations Authority Office of Compliance, 2 U.S.C. § 1407(c)(3) 90 days Congressional Accountability Act Equal Employment Opportunity 3 U.S.C. § 454; 30 days Commission 28 U.S.C. § 1296(b) Office of Personnel Management 5 U.S.C. § 8902(g)(2) 60 days Filing in the Patent and Trademark Office. A notice of appeal mailed to the Patent and Trademark Office should be addressed: Box 8 U.S. Patent and Trademark Office Washington, DC 20231 Attn: Office of the Solicitor The solicitor requests that hand delivery, if any, be made to the Office of the Solicitor, Patent and Trademark Office, Crystal Park II, 2121 Crystal Drive, 7th Floor, Room 714, Arlington, Virginia, between the hours of 8:30 a.m. and 5:00 p.m. Copy of Decision or Order. A party filing a petition for review or notice of appeal is urged to attach a copy of the decision or order of the agency for which review is sought. 15 29 Rule 15 Practice Notes (continued) Intervention. A party with the right to appeal or to petition for review may not, instead of exercising that right, intervene in another appeal or petition to seek relief in its own cause. Because the United States or an agency of the United States is the only appellee or respondent in cases under this rule, any other party seeking to intervene on the side of the appellee or respondent must move for leave to intervene within 30 days of the date when the petition for review or notice of appeal is filed. A motion for leave to intervene out of time will be granted only in extraordinary circumstances. Discrimination Statement. A discrimination statement form with a preaddressed, postage-paid return envelope will be provided to any petitioner seeking review of a decision of the Merit Systems Protection Board or arbitrator. Failure to complete the discrimination statement will result in dismissal of the petition for review. See Form 10. Timeliness. Except in inter partes appeals from decisions of the Board of Patent Appeals and Interferences or the Trademark Trial and Appeal Board, parties in agency proceedings do not have the 14-day “cross-appeal” period that Federal Rule of Appellate Procedure 4(a)(3) grants to parties appealing from trial courts. The court cannot waive the statutory time requirements for filing a petition for review or notice of appeal. Consolidation. When more than one party files a petition for review or notice of appeal from the same decision or order, the parties should inform the clerk and the petitions or appeals may be consolidated and an adjusted briefing schedule may be issued. Arbitration Awards in the United States Postal Service. These arbitration awards may not be appealed to this court. Proper Governmental Party in Appeals from Boards of Contract Appeals. In appeals from the boards of contract appeals, the head of the federal agency is named in the caption along with the agency name he or she heads. Filing and Docketing a Petition for Review or Appeal. A petition for review or appeal is filed when the petition for review or notice of appeal is received in the court or, in the case of an appeal from the Patent and Trademark Office, when the notice of appeal is received by the Director of Patents and Trademarks. A petition for review or appeal is docketed when it is assigned a docket number, a docket card for the petition for review or appeal is made available to the public, and the names of the parties to the petition for review or appeal are recorded in the party index that is available to the public. Judicial Review of Department of Veterans Affairs Rules and Regulations. Federal Circuit Rule 47.12 governs actions for judicial review of Department of Veterans Affairs rules and regulations under 38 U.S.C. § 502. The procedures to be followed in such actions are the same as provided in this rule, except as provided in Federal Circuit Rule 47.12. Change of Head of Agency. In appeals in which the proper governmental party is the head of the agency, counsel for the government should promptly notify the clerk of any change that would affect the accuracy of the caption. Agency. The term agency in these rules includes a board, commission, or arbitrator. Multiple Parties. When there are multiple parties represented by the same counsel, only one brief can be filed. Federal Rules of Appellate Procedure Federal Circuit Rule 30 Rule Rule 15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding In either an enforcement or a review proceeding, a party adverse to the National Labor Relations Board proceeds first on briefing and at oral argument, unless the court orders otherwise. Rule 16. The Record on Review or Enforcement (a) Composition of the Record. The record on review or enforcement of an agency order consists of: (1) the order involved; (2) any findings or report on which it is based; and (3) the pleadings, evidence, and other parts of the proceedings before the agency. (b) Omissions From or Misstatements in the Record. The parties may at any time, by stipulation, supply any omission from the record or correct a misstatement, or the court may so direct. If necessary, the court may direct that a supplemental record be prepared and filed. Rule 17. Filing the Record (a) Agency to File; Time for Filing; Notice of Filing. The agency must file the record with the circuit clerk within 40 days after being served with a petition for review, unless the statute authorizing review provides otherwise, or within 40 days after it files an application for enforcement unless the respondent fails to answer or the court orders otherwise. The court may shorten or extend the time to file the record. The clerk must notify all parties of the date when the record is filed. (b) Filing — What Constitutes. (1) The agency must file: (A) the original or a certified copy of the entire record or parts designated by the parties; or (B) a certified list adequately describing all documents, transcripts of testimony, exhibits, and other material constituting the record, or describing those parts designated by the parties. (2) The parties may stipulate in writing that no record or certified list be filed. The date when the stipulation is filed with the circuit clerk is treated as the date when the record is filed. 15.1 Rule 17. Filing the Record (a) Retaining the Record; Sending the Certified List. The agency must retain the record and send to this court a certified list or index unless this court, on motion or sua sponte, orders otherwise. (b) Certified List or Index. (1) From the Patent and Trademark Office. No later than 40 days after receiving the notice of appeal, the Director must send to the clerk the certified list and a copy of the decision or order appealed. This constitutes compliance with the requirement of 35 U.S.C. § 143 and 15 U.S.C. § 1071(a)(3) for sending a certified record to the court. (2) From Another Agency. No later than 40 days after the court serves a petition for review or notice of appeal on an agency, the agency must send to the clerk the certified list or index and a copy of the decision or order being appealed. (3) Index of VA Rulemaking Record. In petitions for review under 38 U.S.C. § 502, if a petitioner has not adequately identified the rulemaking proceeding complained of, so that the Secretary of Veterans Affairs cannot send the certified list or index within the time provided in Federal Circuit Rule 17(b)(2), the Secretary must promptly move to waive or extend the time for filing the certified list or index. 31 Federal Rules of Appellate Procedure Federal Circuit Rule Rule (c) Service of Certified List or Index by Agency. When an agency sends a certified list or index to the clerk, it must simultaneously serve a copy on the parties and provide a certificate of service to the clerk. Service must be made on counsel for the appellant or petitioner who has served the agency with a copy of an entry of appearance in this court; otherwise, service must be made on counsel who appeared before the agency or, if none, on the party. This service constitutes notice to the parties of the date the record was filed. (d) Access of Parties and Counsel to Original Record. (1) Material Not Subject to a Protective Order; Inspection and Copying. When a petition for review or notice of appeal is filed, the agency must permit a party or counsel for a party to inspect and copy the nonconfidential original papers, transcripts, and exhibits to prepare the appendix. This inspection and copying is subject to reasonable regulation by the agency. (2) Material Subject to a Protective Order; Inspection and Copying. A party or counsel for a party must be permitted to inspect and copy material contained in the record governed by a protective order of an agency in accordance with that order. If this court modifies or annuls the protective order, the access of a party or counsel is governed by the order of this court. (e) Preserving a Protective Order on Appeal. Any portion of the record that was subject to a protective order in an agency remains subject to that order unless otherwise ordered. (f) Agreement by Parties to Modify Protective Order; Certificate of Compliance. If any portion of the record in an agency is subject to a protective order and a petition for review or notice of appeal has been filed, each party must promptly review the record to determine whether protected portions need to remain protected on appeal. If a party determines that some portions no longer need to be protected, that party must seek an agreement with the other party. Any agreement that is reached must be promptly presented to the agency, which may issue an appropriate order. Whether or not an agreement is reached, each party must file a certificate of compliance within 45 days of docketing stating it complied with this rule. (g) Motion to Modify the Protective Order. A party may move at any time in this court to modify a protective order to remove protection from some material or to include another person within its terms. This court may decide the motion or may remand the case to the agency. This court, sua sponte, may direct the parties to show cause why a protective order should not be modified. (3) The agency must retain any portion of the record not filed with the clerk. All parts of the record retained by the agency are a part of the record on review for all purposes and, if the court or a party so requests, must be sent to the court regardless of any prior stipulation. 17 Federal Rules of Appellate Procedure Federal Circuit Rule 32 Rule Rule 18. Stay Pending Review (a) Petition for Review or Notice of Appeal; Agency Order. A petition

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