What action can the Board take on related files during interference or derivation proceedings?

The Board of Patent Appeals and Interferences (BPAI) can take action on related files during interference or derivation proceedings. According to MPEP 2307.05, “Occasionally, the Board may order that a paper be filed in a related application.” This action typically serves to inform examiners about relevant information discovered during the proceedings.

The MPEP further states: “Generally, the paper will notify the examiner of a fact, such as a party admission or prior art, that may be relevant to examination of the related case.” This means the Board’s action aims to ensure that all pertinent information is considered in related patent applications.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2307.05 - Board Action On Related Files, Patent Law, Patent Procedure
Tags: Board Action, bpai, Derivation Proceedings, Interference Proceedings, patent examination, Related Files