What is the scope of the PTAB’s jurisdiction in a derivation proceeding?
The Patent Trial and Appeal Board (PTAB) exercises broad and exclusive jurisdiction over patent applications involved in derivation proceedings. According to MPEP 2313, which cites 37 CFR 42.3: “The Board may exercise exclusive jurisdiction within the Office over every involved application and patent during the proceeding, as the Board may order.” This means that the…
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