Can the Board or Director remand a proceeding to consider new evidence?
Yes, the Board of Patent Appeals and Interferences (BPAI) or the Director of the USPTO has the authority to remand a proceeding to allow the examiner to consider new evidence. MPEP § 1211.03 states:
“If such evidence has not been treated by the examiner, the Board or the Director may remand the proceeding to permit the examiner to consider such evidence.”
This provision allows for the consideration of new evidence that may have been submitted after the examiner’s last action but before the Board’s decision, ensuring that all relevant information is properly evaluated in the patent examination process.
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