What types of information might the Board notify an examiner about in related files?
The Board of Patent Appeals and Interferences (BPAI) may notify examiners about various types of information relevant to related patent applications. According to MPEP 2307.05, the Board typically notifies examiners of:
- Party admissions: Statements made by parties during proceedings that may be relevant to the examination of related cases.
- Prior art: Information about existing inventions or publications that could affect the patentability of related applications.
The MPEP states: “Generally, the paper will notify the examiner of a fact, such as a party admission or prior art, that may be relevant to examination of the related case.” This process ensures that examiners have access to all pertinent information discovered during interference or derivation proceedings when examining related patent applications.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2307.05 - Board Action On Related Files,
Patent Law,
Patent Procedure