How does the Board’s assumption of jurisdiction affect ongoing patent examinations?

When the Board of Patent Appeals and Interferences (BPAI) assumes jurisdiction over a patent application or proceeding, it has a significant impact on ongoing examinations. The MPEP 2312 clearly outlines this effect:

“Where the Board has assumed jurisdiction of an application or proceeding involving an issued patent no action by the examiner may be taken until jurisdiction has been returned by the Board to the examiner.”

This means that once the Board takes control:

• The patent examiner must cease all actions on the case
• No further examination can occur
• The normal prosecution process is suspended
• The examiner cannot issue office actions, respond to applicant submissions, or make any decisions on the case

This pause in examination continues until the Board explicitly returns jurisdiction to the examiner, ensuring that there’s no conflict between Board proceedings and regular examination activities.

To learn more:

• Board jurisdiction
• Patent examination
• Prosecution suspension
• Examiner limitations