MPEP § 2307 — Action During an Interference (Annotated Rules)
§2307 Action During an Interference
This page consolidates and annotates all enforceable requirements under MPEP § 2307, 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.
Action During an Interference
This section addresses Action During an Interference. Primary authority: 37 CFR 41.103. Contains: 1 prohibition, 2 permissions, and 2 other statements.
Key Rules
PTAB Jurisdiction
The Board acquires jurisdiction over any involved file when the Board initiates a contested case. Other proceedings for the involved file within the Office are suspended except as the Board may order.
The Board acquires jurisdiction over any involved file when the Board initiates a contested case. Other proceedings for the involved file within the Office are suspended except as the Board may order.
Once a patent or application becomes involved in an interference, the Board has jurisdiction over the file. The examiner may not act on an involved patent or application except as the Board may authorize.
Once a patent or application becomes involved in an interference, the Board has jurisdiction over the file. The examiner may not act on an involved patent or application except as the Board may authorize.
The Board may occasionally consult with the examiner, for instance, on a question regarding the technology at issue in an involved application or patent.
The Board retains jurisdiction over the interference until the interference is terminated. The Director has defined termination to occur after a final Board judgment in the interference and the period for seeking judicial review has expired or, if judicial review is sought, after completion of judicial review including any further action by the Board. See 37 CFR 41.205(a).
Estoppel After Judgment
The Board retains jurisdiction over the interference until the interference is terminated. The Director has defined termination to occur after a final Board judgment in the interference and the period for seeking judicial review has expired or, if judicial review is sought, after completion of judicial review including any further action by the Board. See 37 CFR 41.205(a).
Citations
| Primary topic | Citation |
|---|---|
| Estoppel After Judgment PTAB Jurisdiction | 37 CFR § 41.205(a) |
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 § 2307 — Action During an Interference
Source: USPTO2307 Action During an Interference [R-08.2017]
37 CFR 41.103 Jurisdiction over involved files.
The Board acquires jurisdiction over any involved file when the Board initiates a contested case. Other proceedings for the involved file within the Office are suspended except as the Board may order.
Once a patent or application becomes involved in an interference, the Board has jurisdiction over the file. The examiner may not act on an involved patent or application except as the Board may authorize.
The Board may occasionally consult with the examiner, for instance, on a question regarding the technology at issue in an involved application or patent.
The Board retains jurisdiction over the interference until the interference is terminated. The Director has defined termination to occur after a final Board judgment in the interference and the period for seeking judicial review has expired or, if judicial review is sought, after completion of judicial review including any further action by the Board. See 37 CFR 41.205(a).