Can a remand by the Board be appealed?

No, a remand by the Board of Patent Appeals and Interferences (BPAI) cannot be appealed. MPEP 1211 clearly states: “As specified by 37 CFR 41.50(e), a remand by the Board is not appealable (i.e. not final for purposes of judicial review).” This means that when the Board issues a remand, the decision is not considered final and cannot be taken to a higher court for review.

To learn more:

• remand
• appeal
• Board of Patent Appeals and Interferences
• judicial review