What action can the Board take on related files during interference or derivation proceedings?
The Board of Patent Appeals and Interferences (BPAI) can take action on related files during interference or derivation proceedings. According to MPEP 2307.05, “Occasionally, the Board may order that a paper be filed in a related application.” This action typically serves to inform examiners about relevant information discovered during the proceedings. The MPEP further states:…
Read MoreWhat happens to claims that are not appealed in a patent application?
Claims that are not appealed in a patent application may be cancelled. According to MPEP 1214.05, “Where, in an appeal brief filed before January 23, 2012, an appellant withdraws some of the appealed claims (i.e., claims subject to a ground of rejection that the appellant did not present for review in the brief), and the…
Read MoreWhat is the Board’s obligation regarding new or amended claims during an appeal?
The Board of Patent Appeals and Interferences (BPAI) has no obligation to consider new or amended claims submitted while it has jurisdiction of an appeal. This is clearly stated in MPEP 1211.02: “There is no obligation resting on the Board to consider new or amended claims submitted while it has jurisdiction of the appeal.” This…
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