When does the Board of Patent Appeals and Interferences gain jurisdiction over an appeal?
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.
To learn more: