What is the Board’s jurisdiction during an interference proceeding?
The Board of Patent Appeals and Interferences (BPAI) acquires jurisdiction over any involved file when it initiates a contested case, such as an interference. According to MPEP 2307:
“The Board acquires jurisdiction over any involved file when the Board initiates a contested case. Other proceedings for the involved file within the Office are suspended except as the Board may order.”
This means that once a patent or application becomes involved in an interference, the Board has exclusive control over the file, and the examiner cannot take action on it without the Board’s authorization.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2307 - Action During An Interference,
Patent Law,
Patent Procedure