Can a remand by the Board be appealed?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 8 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Board Remand Is Not Final For Review MPEP 1211 Director and Board Can Remand Cases to Examiners MPEP 1211 Appeal Jurisdiction Transferred Back to Examiner on Remand MPEP 1211 Examiner Must Act Consistently With Remand Order MPEP 1211 Recommended Examiner Must Follow MPEP §1207 After Remand MPEP 1211 Recommended Remand for New Ground of Rejection When Law Changes MPEP 1211 Permitted Remand for New Ground of Rejection Required MPEP 1211 Permitted Statutory Time Periods Cannot Be Waived MPEP 1134.01 Prohibited Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? What happens to affidavits filed after final rejection but before a notice of appeal? When can affidavits or declarations be considered after a notice of appeal is filed? What happens if a proposed amendment is effectively an abandonment of the appeal? What types of amendments may be remanded for consideration during an appeal?