MPEP § 2311 — Consult a Technology Center Practice Specialist (Annotated Rules)
§2311 Consult a Technology Center Practice Specialist
This page consolidates and annotates all enforceable requirements under MPEP § 2311, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Consult a Technology Center Practice Specialist
This section addresses Consult a Technology Center Practice Specialist. Primary authority: 35 U.S.C. 102(a)(2). Contains: 2 guidance statements and 1 other statement.
Key Rules
PTAB Jurisdiction
Where an appropriate petition for derivation has been received by the Board, the Board will enter a notice into the respondent’s application or patent file, if it has issued. When the examiner has determined that either the petitioner’s or the respondent’s application (where applicable) has allowable subject matter with respect to any claim, the examiner should refrain from taking any further action until consulting with the Technology Center Practice Specialist (TCPS). The claims in petitioner’s application that are patentably indistinct from respondent’s application or patent should be subject to a rejection under 35 U.S.C. 102(a)(2) which should be maintained until jurisdiction is transferred to the Board to conduct the derivation proceeding.
Where an appropriate petition for derivation has been received by the Board, the Board will enter a notice into the respondent’s application or patent file, if it has issued. When the examiner has determined that either the petitioner’s or the respondent’s application (where applicable) has allowable subject matter with respect to any claim, the examiner should refrain from taking any further action until consulting with the Technology Center Practice Specialist (TCPS). The claims in petitioner’s application that are patentably indistinct from respondent’s application or patent should be subject to a rejection under 35 U.S.C. 102(a)(2) which should be maintained until jurisdiction is transferred to the Board to conduct the derivation proceeding.
Where an appropriate petition for derivation has been received by the Board, the Board will enter a notice into the respondent’s application or patent file, if it has issued. When the examiner has determined that either the petitioner’s or the respondent’s application (where applicable) has allowable subject matter with respect to any claim, the examiner should refrain from taking any further action until consulting with the Technology Center Practice Specialist (TCPS). The claims in petitioner’s application that are patentably indistinct from respondent’s application or patent should be subject to a rejection under 35 U.S.C. 102(a)(2) which should be maintained until jurisdiction is transferred to the Board to conduct the derivation proceeding.
Citations
| Primary topic | Citation |
|---|---|
| PTAB Jurisdiction | 35 U.S.C. § 102(a)(2) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2311 — Consult a Technology Center Practice Specialist
Source: USPTO2311 Consult a Technology Center Practice Specialist [R-08.2017]
Where an appropriate petition for derivation has been received by the Board, the Board will enter a notice into the respondent’s application or patent file, if it has issued. When the examiner has determined that either the petitioner’s or the respondent’s application (where applicable) has allowable subject matter with respect to any claim, the examiner should refrain from taking any further action until consulting with the Technology Center Practice Specialist (TCPS). The claims in petitioner’s application that are patentably indistinct from respondent’s application or patent should be subject to a rejection under 35 U.S.C. 102(a)(2) which should be maintained until jurisdiction is transferred to the Board to conduct the derivation proceeding.
An example of the notice added to the respondent’s application is provided below.
