When might suspension of examination be necessary during an interference?
Suspension of examination might be necessary during an interference if the claims in a related application would be barred in the event the applicant loses the interference. The MPEP 2307.03 states: “Suspension may be necessary if the claims would be barred by a loss in the interference.” To determine if suspension is needed, the Interference…
Read MoreWhat happens to a patent application once a derivation proceeding is instituted?
Once a derivation proceeding is instituted, the Patent Trial and Appeal Board (PTAB) acquires exclusive jurisdiction over the involved patent application. As stated in MPEP 2313: “The Board acquires jurisdiction over any involved file when the Board initiates a derivation proceeding. Other proceedings for the involved file within the Office are suspended except as the…
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