Can an examiner continue to examine a patent application involved in a derivation proceeding?
No, once a patent application becomes involved in a derivation proceeding, the examiner cannot continue regular examination. According to MPEP 2313:
“The examiner may not act on an involved patent or application except as the Board may authorize.”
This means that all examination activities are suspended unless the Patent Trial and Appeal Board (PTAB) specifically authorizes an action. The PTAB has exclusive jurisdiction over the application during the proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2313 - Action Once A Derivation Proceeding Is Instituted,
Patent Law,
Patent Procedure