What happens to petitions in reexamination proceedings after jurisdiction transfers to the Patent Trial and Appeal Board?
When jurisdiction in ex parte and inter partes reexamination proceedings transfers to the Patent Trial and Appeal Board (Board), the process for filing petitions changes. The MPEP states:
“Petitions in ex parte and inter partes reexamination proceedings for actions occurring after jurisdiction has transferred to the Patent Trial and Appeal Board (Board) or for petitions that have been expressly delegated to be decided by the Board are appropriately filed under 37 CFR 41.3.”
This means that once the Board has jurisdiction, petitions should be filed under 37 CFR 41.3 rather than the previously mentioned regulations. The Board will then have the authority to decide these petitions.
For more information on petitions and other matters decided by the Board, you can refer to MPEP §§ 1002.02(f) and 1002.02(j).
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