When does the Board of Patent Appeals and Interferences gain jurisdiction over an appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. The Board of Patent Appeals and Interferences (BPAI) gains jurisdiction over an appeal when: A reply brief is filed under 37 CFR 41.41, or The time to file such a reply brief expires, whichever occurs earlier. This is specified in 37 CFR 41.35(a) , which states: “Jurisdiction over the proceeding passes to the Board upon the filing of a reply brief under § 41.41 or the expiration of the time in which to file such a reply brief, whichever is earlier.” It’s important for patent attorneys and applicants to be aware of this transition in jurisdiction, as it affects the handling of subsequent actions and documents related to the appeal. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Jurisdiction Transfers to Board Upon Reply Brief Filing MPEP 1210 Board Gains Jurisdiction Upon Reply Brief Filing MPEP 1210 Jurisdiction Over Appeal Transfers to Board MPEP 1210 Request for Continued Examination Must Comply with §1.114 MPEP 1210 Required Jurisdiction Ends After Final Board Decision or Judicial Review MPEP 1210 Required Board Jurisdiction Ends When Appeals Are Resolved MPEP 1210 Required Express Abandonment Complies with §1.138 MPEP 1210 Required Remand Ordered by Director Before Board Decision MPEP 1210 Director May Remand Proceeding to Examiner Before Board Decision MPEP 1210 Permitted Board May Order Administrative Remands for Incomplete Files MPEP 1210 Other Related FAQs 5 FAQs Collapse What actions can the Board take if a file is incomplete or non-compliant? How does the Board&#8217;s jurisdiction over a patent appeal end? Can the Director order a remand before the Board&#8217;s decision? What happens to documents filed during the Board&#8217;s jurisdiction? How shou...