37 CFR § 42.3 — Jurisdiction. (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.3 Jurisdiction.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.3, including 7 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
MPEP Section 42.3 outlines the Board's exclusive jurisdiction over involved applications and patents during a derivation proceeding, ensuring compliance with USC and CFR provisions.
What this section covers
- This section covers the Board’s exclusive jurisdiction over all involved applications and patents during a derivation proceeding.
Key obligations
- The Board has exclusive jurisdiction over all involved applications and patents during a derivation proceeding.
- Practitioners must comply with the Board's orders regarding jurisdictional matters in a derivation proceeding.
- Compliance with USC and CFR provisions is required for managing the proceedings within the Board's jurisdiction.
Practice notes
- Practitioners should carefully review the Board's orders and ensure all involved applications and patents are managed within the jurisdictional boundaries.
- Ignoring the Board's exclusive jurisdiction can result in legal and procedural issues.
Official MPEP § 42.3 — Jurisdiction.
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
- (b) A petition to institute a trial must be filed with the Board consistent with any time period required by statute.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]
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| MPEP Section | Rules |
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| MPEP § 103 | |
| MPEP § 2313 |