Who has the authority to remand a case in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 8 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. According to MPEP 1211 , both the Director of the USPTO and the Board of Patent Appeals and Interferences (BPAI) have the authority to remand a case to the examiner. Specifically, the MPEP states: “Both the Director and the Board have the authority to remand a case to the examiner when necessary.” This authority is further supported by 37 CFR 41.35(c) and (e) , and 37 CFR 41.40(a) . Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Director and Board Can Remand Cases to Examiners MPEP 1211 Appeal Jurisdiction Transferred Back to Examiner on Remand MPEP 1211 Board Remand Is Not Final For Review MPEP 1211 Examiner Must Act Consistently With Remand Order MPEP 1211 Recommended Examiner Must Follow MPEP §1207 After Remand MPEP 1211 Recommended Remand for New Ground of Rejection When Law Changes MPEP 1211 Permitted Remand for New Ground of Rejection Required MPEP 1211 Permitted Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? What happens to affidavits filed after final rejection but before a notice of appeal? When can affidavits or declarations be considered after a notice of appeal is filed? What happens if a proposed amendment is effectively an abandonment of the appeal? What types of amendments may be remanded for consideration during an appeal?