MPEP § 2312 — Board May Assume Jurisdiction (Annotated Rules)
§2312 Board May Assume Jurisdiction
This page consolidates and annotates all enforceable requirements under MPEP § 2312, 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.
Board May Assume Jurisdiction
This section addresses Board May Assume Jurisdiction. Contains: 3 permissions.
Key Rules
Reissue and Reexamination
The Board may assume jurisdiction of any application, including those involved in reexamination proceeding(s) or reissue application(s), or any issued patent in which a petition for derivation has been filed. In an application this jurisdictional assumption may occur at any time, including before the application is otherwise in condition for allowance. Where the Board has assumed jurisdiction of an application or proceeding involving an issued patent no action by the examiner may be taken until jurisdiction has been returned by the Board to the examiner.
The Board may assume jurisdiction of any application, including those involved in reexamination proceeding(s) or reissue application(s), or any issued patent in which a petition for derivation has been filed. In an application this jurisdictional assumption may occur at any time, including before the application is otherwise in condition for allowance. Where the Board has assumed jurisdiction of an application or proceeding involving an issued patent no action by the examiner may be taken until jurisdiction has been returned by the Board to the examiner.
Appeals in Reexamination
The Board may assume jurisdiction of any application, including those involved in reexamination proceeding(s) or reissue application(s), or any issued patent in which a petition for derivation has been filed. In an application this jurisdictional assumption may occur at any time, including before the application is otherwise in condition for allowance. Where the Board has assumed jurisdiction of an application or proceeding involving an issued patent no action by the examiner may be taken until jurisdiction has been returned by the Board to the examiner.
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 § 2312 — Board May Assume Jurisdiction
Source: USPTO2312 Board May Assume Jurisdiction [R-08.2017]
The Board may assume jurisdiction of any application, including those involved in reexamination proceeding(s) or reissue application(s), or any issued patent in which a petition for derivation has been filed. In an application this jurisdictional assumption may occur at any time, including before the application is otherwise in condition for allowance. Where the Board has assumed jurisdiction of an application or proceeding involving an issued patent no action by the examiner may be taken until jurisdiction has been returned by the Board to the examiner.