What happens to documents filed during the Board’s jurisdiction?
According to 37 CFR 41.35(d), documents filed while the Board has jurisdiction over a proceeding are generally held in abeyance: “Except for petitions authorized by this part, consideration of any information disclosure statement or petition filed while the Board possesses jurisdiction over the proceeding will be held in abeyance until the Board’s jurisdiction ends.” This…
Read MoreWhen does the Board of Patent Appeals and Interferences gain jurisdiction over an appeal?
The Board of Patent Appeals and Interferences (BPAI) gains jurisdiction over an appeal when: A reply brief is filed under 37 CFR 41.41, or The time to file such a reply brief expires, whichever occurs earlier. This is specified in 37 CFR 41.35(a), which states: “Jurisdiction over the proceeding passes to the Board upon the…
Read MoreHow does the Board’s jurisdiction over a patent appeal end?
The Board’s jurisdiction over a patent appeal can end in several ways, as outlined in 37 CFR 41.35(b): When the Director or Board enters a remand order When the Board enters a final decision and judicial review is sought or the time for seeking it has expired When an express abandonment complying with 37 CFR…
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