How does the Board interact with examiners during an interference?
While the Board of Patent Appeals and Interferences (BPAI) has jurisdiction over files involved in an interference, there are instances where they may interact with examiners. The MPEP 2307 provides insight into this interaction:
“The Board may occasionally consult with the examiner, for instance, on a question regarding the technology at issue in an involved application or patent.”
This consultation allows the Board to leverage the examiner’s technical expertise when needed, ensuring a comprehensive understanding of the technology involved in the interference. However, it’s important to note that this does not grant the examiner authority to act independently on the involved file.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2307 - Action During An Interference,
Patent Law,
Patent Procedure