What action can the Board take on related files during interference or derivation proceedings?

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 of Patent Appeals and Interferences (BPAI) can take action on related files during interference or derivation proceedings. According to MPEP 2307.05, “Occasionally, the Board may order that a paper be filed in a related application.” This action typically serves to inform examiners about relevant information discovered during the proceedings.

The MPEP further states: “Generally, the paper will notify the examiner of a fact, such as a party admission or prior art, that may be relevant to examination of the related case.” This means the Board’s action aims to ensure that all pertinent information is considered in related patent applications.