Can the Board assume jurisdiction before an application is ready for allowance?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, the Board of Patent Appeals and Interferences (BPAI) has the authority to assume jurisdiction over a patent application at any stage of the examination process. The MPEP 2312 explicitly states: “In an application this jurisdictional assumption may occur at any time, including before the application is otherwise in condition for allowance.” This means that the Board’s power to take control of an application is not limited to applications that are near completion or ready for allowance. The Board can step in at any point in the prosecution process if circumstances warrant such intervention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Board May Assume Jurisdiction Over Reissue and Reexamination MPEP 2312 Permitted Board Must Return Jurisdiction Before Examiner Actions MPEP 2312 Permitted Jurisdiction May Be Assumed Any Time During Application MPEP 2312 Permitted PTAB Handles Requests for Interference and Derivation Records MPEP 103 Petitions for Appeal of Ex Parte Reexamination Before PTAB Transfer MPEP 1002.02(c) Petitions for Access Handled by Office of Patent Legal Administration Except Interference Cases MPEP 103 Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) Access to Firm's Patent Applications for Registered Members with Signatory Power MPEP 104 Required Interviews After Notice of Allowability or PTAB Transfer Required MPEP 1002.02(c) PTAB Reviews Adverse Examiner Decisions and Conducts Patent Proceedings MPEP 1002.02(f) Other Related FAQs 5 FAQs Collapse When can the Board assume jurisdiction in patent proceedings? How does the Board&#8217;s assumption of jurisdiction affect ongoing patent examinations? What happens to examine...