37 CFR § 41.35 — Jurisdiction over appeal. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.35 Jurisdiction over appeal.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.35, including 64 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Patent Examining Corps has jurisdiction to handle appeal briefs, conduct appeals, draft examiner's answers, and decide on amendments after final rejection.
What this section covers
- The Patent Examining Corps handles appeal briefs, conducts appeals, drafts examiner's answers, and decides on amendments after final rejection.
Key obligations
- Ensure all appeal briefs and amendments are submitted to the Patent Examining Corps for consideration.
- Conduct an appeal conference and draft an examiner's answer as required by the Patent Examining Corps.
- The jurisdiction of the Board ends when a remand order, final decision, or other specified actions occur.
Practice notes
- Ensure all amendments are properly formatted and submitted within the appeal brief to avoid delays.
- Avoid delays in submitting appeal briefs and amendments to maintain jurisdiction over the case.
Official MPEP § 41.35 — Jurisdiction over appeal.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.35 Jurisdiction over appeal.
- (a) Beginning of jurisdiction. 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.
- (b)
End of jurisdiction. The jurisdiction of the Board
ends when:
- (1) The Director or the Board enters a remand order ( see §§ 41.35(c) , 41.35(e) , and 41.50(a)(1) ),
- (2) The Board enters a final decision ( see § 41.2 ) and judicial review is sought or the time for seeking judicial review has expired,
- (3) An express abandonment which complies with § 1.138 of this title is recognized,
- (4) A request for continued examination is filed which complies with § 1.114 of this title,
- (5) Appellant fails to take any required action under §§ 41.39(b) , 41.50(a)(2) , 41.50(b) , or 41.50(d) , and the Board enters an order of dismissal, or
- (6) Appellant reopens prosecution pursuant to § 41.40(b) or in response to a new ground of rejection entered in a decision of the Board ( see § 41.50(b)(1) ).
- (c) Remand ordered by the Director. Prior to the entry of a decision on the appeal by the Board ( see § 41.50 ), the Director may sua sponte order the proceeding remanded to the examiner.
- (d) Documents filed during Board’s jurisdiction. Except for petitions authorized by this part, consideration of any information disclosure statement or petition filed while the Board possesses jurisdiction over the proceeding will be held in abeyance until the Board’s jurisdiction ends.
- (e) Administrative remands ordered by the Board. If, after receipt and review of the proceeding, the Board determines that the file is not complete or is not in compliance with the requirements of this subpart, the Board may relinquish jurisdiction to the examiner or take other appropriate action to permit completion of the file.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; revised, 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012]
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- Appeal Brief
- Appeal Notice
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- Board Decision
- Examiner Answer
- Judicial Review
- Reply Brief
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- Ex Parte Reexamination
- Examination Procedure
- Allowance Practice
- Interference Proceedings
- Interference Procedure
- Ptab Contested Case
- Section 112
- Section 112A
- New Matter