Can the Board assume jurisdiction before an application is ready for allowance?
Yes, the Board of Patent Appeals and Interferences (BPAI) has the authority to assume jurisdiction over a patent application at any stage of the examination process. The MPEP 2312 explicitly states:
“In an application this jurisdictional assumption may occur at any time, including before the application is otherwise in condition for allowance.”
This means that the Board’s power to take control of an application is not limited to applications that are near completion or ready for allowance. The Board can step in at any point in the prosecution process if circumstances warrant such intervention.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2312 - Board May Assume Jurisdiction,
Patent Law,
Patent Procedure