What is the scope of MPEP Chapter 2300 regarding derivation proceedings?
MPEP Chapter 2300 provides information on interference and derivation proceedings, but it’s important to note its limitations regarding actions at the Board during derivation proceedings. According to MPEP 2314: “Action at the Board during a derivation proceeding is beyond the scope of this Chapter.” This means that while MPEP Chapter 2300 covers various aspects of…
Read MoreWhat is the difference between final and non-final actions by the Board?
The MPEP distinguishes between final and non-final actions by the Patent Trial and Appeal Board (PTAB) based on who is authorized to take such actions. According to 37 CFR 41.2, the MPEP states: “Board” means the Patent Trial and Appeal Board and includes:(A) For a final Board action:(1) In an appeal or contested case, a…
Read More