Who has the authority to remand a case in patent examination?

According to MPEP 1211, both the Director of the USPTO and the Board of Patent Appeals and Interferences (BPAI) have the authority to remand a case to the examiner. Specifically, the MPEP states: “Both the Director and the Board have the authority to remand a case to the examiner when necessary.” This authority is further supported by 37 CFR 41.35(c) and (e), and 37 CFR 41.40(a).

To learn more:

• remand authority
• Director
• Board of Patent Appeals and Interferences
• patent examination