How does a derivation proceeding affect other USPTO proceedings for the involved patent or application?

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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. When a derivation proceeding is instituted, it generally suspends other USPTO proceedings involving the same patent or application. MPEP 2313 states: “Other proceedings for the involved file within the Office are suspended except as the Board may order.” This means that ongoing examination, reexamination, or other proceedings at the USPTO are put on hold once the Patent Trial and Appeal Board (PTAB) initiates a derivation proceeding. However, the PTAB has the discretion to allow certain actions or proceedings to continue if deemed necessary. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Other Proceedings Suspended Except as Board Orders MPEP 2313 Permitted PTAB Has Jurisdiction Over Involved File During Derivation Proceeding MPEP 2313 PTAB Jurisdiction Over Derivation Proceeding MPEP 2313 PTAB Has Exclusive Authority Over Derivation Proceeding MPEP 2313 Permitted PTAB Retains Derivation Proceeding Jurisdiction Until Termination MPEP 2313 Examiner Must Not Act Without Board Authorization MPEP 2313 Prohibited PTAB Handles Requests for Interference and Derivation Records MPEP 103 Petitions for Access Handled by Office of Patent Legal Administration Except Interference Cases MPEP 103 Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted PTAB Members Designated for Interference Proceedings Determining Priority and Patentability MPEP 1002.02(f) Other Related FAQs 5 FAQs Collapse No more FAQs Can an examiner continue to examine a patent application involved in a derivation proceeding? What happens to a patent application once a derivation proceeding is instituted? When does the PTAB&#8217;s jurisdiction over a patent appli...