What happens to a patent application once a derivation proceeding is instituted?
Once a derivation proceeding is instituted, the Patent Trial and Appeal Board (PTAB) acquires exclusive jurisdiction over the involved patent application. As stated in MPEP 2313:
“The Board acquires jurisdiction over any involved file when the Board initiates a derivation proceeding. Other proceedings for the involved file within the Office are suspended except as the Board may order.”
This means that normal examination procedures are suspended, and the examiner cannot take action on the application unless specifically authorized by the Board.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2313 - Action Once A Derivation Proceeding Is Instituted,
Patent Law,
Patent Procedure