Can the Director order a remand before the Board’s decision?
Yes, the Director of the USPTO has the authority to order a remand before the Board enters a decision on the appeal. This is specified in 37 CFR 41.35(c):
“Prior to the entry of a decision on the appeal by the Board (see § 41.50), the Director may sua sponte order the proceeding remanded to the examiner.”
Key points about this provision:
- The Director can issue a remand order on their own initiative (sua sponte)
- This can occur at any time before the Board enters its decision
- The remand sends the case back to the examiner for further consideration
This provision allows for flexibility in the appeal process, enabling the Director to address issues or new developments that may arise before the Board’s decision is finalized.
To learn more: