How does the Board’s jurisdiction over a patent appeal end?

The Board’s jurisdiction over a patent appeal can end in several ways, as outlined in 37 CFR 41.35(b):

• When the Director or Board enters a remand order
• When the Board enters a final decision and judicial review is sought or the time for seeking it has expired
• When an express abandonment complying with 37 CFR 1.138 is recognized
• When a request for continued examination (RCE) complying with 37 CFR 1.114 is filed
• When the appellant fails to take required actions under certain regulations, resulting in a dismissal order
• When the appellant reopens prosecution in response to a new ground of rejection in a Board decision

The regulation states:

“The jurisdiction of the Board ends when: [followed by the conditions listed above]”

Understanding these conditions is crucial for patent attorneys and applicants to navigate the appeal process effectively and make informed decisions about their patent applications.

To learn more:

• Patent Appeals
• BPAI Jurisdiction
• Appeal Termination
• Patent Prosecution