Can an examiner continue to examine a patent application involved in a derivation proceeding?

No, once a patent application becomes involved in a derivation proceeding, the examiner cannot continue regular examination. According to MPEP 2313: “The examiner may not act on an involved patent or application except as the Board may authorize.” This means that all examination activities are suspended unless the Patent Trial and Appeal Board (PTAB) specifically…

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How do patent examiners handle Printer Rush cases?

Patent examiners handle Printer Rush cases with high priority. According to MPEP 1309.02: “These applications are placed on the examiner’s ‘expedited’ tab in Docket Application Viewer (DAV) and should be taken up for immediate action.” The process typically involves: Reviewing the “RUSH” document in the Image File Wrapper (IFW) Annotating the “RUSH” document to indicate…

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What actions should an examiner take following a remand?

Following a remand, the examiner should take action consistent with the remand order. MPEP 1211 provides guidance: “Following the remand, the examiner should take action consistent with the remand order. In the absence of other guidance in the remand order, the examiner should take an action described in MPEP § 1207.” This may include issuing…

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