How does the Board’s jurisdiction over a patent appeal end?

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.

The Board’s jurisdiction over a patent appeal can end in several ways, as outlined in 37 CFR 41.35(b):

• When the Director or Board enters a remand order
• When the Board enters a final decision and judicial review is sought or the time for seeking it has expired
• When an express abandonment complying with 37 CFR 1.138 is recognized
• When a request for continued examination (RCE) complying with 37 CFR 1.114 is filed
• When the appellant fails to take required actions under certain regulations, resulting in a dismissal order
• When the appellant reopens prosecution in response to a new ground of rejection in a Board decision

The regulation states:

“The jurisdiction of the Board ends when: [followed by the conditions listed above]”

Understanding these conditions is crucial for patent attorneys and applicants to navigate the appeal process effectively and make informed decisions about their patent applications.