MPEP § 2313 — Action Once a Derivation Proceeding is Instituted (Annotated Rules)
§2313 Action Once a Derivation Proceeding is Instituted
This page consolidates and annotates all enforceable requirements under MPEP § 2313, 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 Once a Derivation Proceeding is Instituted
This section addresses Action Once a Derivation Proceeding is Instituted. Primary authority: 37 CFR 42.3. Contains: 1 prohibition, 2 permissions, and 3 other statements.
Key Rules
PTAB Jurisdiction
(a) The Board may exercise exclusive jurisdiction within the Office over every involved application and patent during the proceeding, as the Board may order.
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. Once a patent or application becomes involved in derivation proceeding, 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 retains jurisdiction over the derivation proceeding until it is terminated.
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. Once a patent or application becomes involved in derivation proceeding, 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 retains jurisdiction over the derivation proceeding until it is terminated.
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. Once a patent or application becomes involved in derivation proceeding, 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 retains jurisdiction over the derivation proceeding until it is terminated.
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. Once a patent or application becomes involved in derivation proceeding, 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 retains jurisdiction over the derivation proceeding until it is terminated.
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. Once a patent or application becomes involved in derivation proceeding, 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 retains jurisdiction over the derivation proceeding until it is terminated.
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 § 2313 — Action Once a Derivation Proceeding is Instituted
Source: USPTO2313 Action Once a Derivation Proceeding is Instituted [R-08.2017]
37 CFR 42.3 Jurisdiction.
(a) The Board may exercise exclusive jurisdiction within the Office over every involved application and patent during the proceeding, as the Board may order.
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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. Once a patent or application becomes involved in derivation proceeding, 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 retains jurisdiction over the derivation proceeding until it is terminated.