What is a remand in patent examination?

A remand in patent examination is when the Director or the Board of Patent Appeals and Interferences (BPAI) returns a case to the examiner for further consideration. According to MPEP 1211, “Both the Director and the Board have the authority to remand a case to the examiner when necessary.” This process allows for additional review…

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Are there any additional FAQs for MPEP 1211.03 – Remand To Consider Affidavits or Declarations?

No additional FAQs can be generated for this section. The existing FAQs have comprehensively covered the content of MPEP 1211.03, including the circumstances under which the Board may remand an application to the examiner, the purpose of such remands, and the procedures involved. The section is relatively brief and focused, and all key points have…

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What happens to jurisdiction during a remand?

When a case is remanded, the jurisdiction over the appeal is transferred from the Board of Patent Appeals and Interferences (BPAI) back to the examiner. MPEP 1211 states: “In any remand, jurisdiction over the appeal is transferred from the Board back to the examiner.” This transfer of jurisdiction allows the examiner to take further action…

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What is the process for remanding a case to the Patent Trial and Appeal Board (PTAB) after a Federal Circuit decision?

When a case is remanded to the Patent Trial and Appeal Board (PTAB) following a decision by the U.S. Court of Appeals for the Federal Circuit, the process typically involves the following steps: The Federal Circuit issues its mandate, officially returning jurisdiction to the PTAB. The PTAB then reviews the court’s decision and instructions for…

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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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