What happens to examiner actions when the Board assumes jurisdiction?
When the Board assumes jurisdiction over a patent application or proceeding involving an issued patent, it significantly impacts the examiner’s ability to take action. The MPEP 2312 clearly states:
“Where the Board has assumed jurisdiction of an application or proceeding involving an issued patent no action by the examiner may be taken until jurisdiction has been returned by the Board to the examiner.”
This means that once the Board takes control, the examiner must cease all actions on the case until the Board explicitly returns jurisdiction. This ensures that there’s no conflict between Board decisions and examiner actions during this period.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2312 - Board May Assume Jurisdiction,
Patent Law,
Patent Procedure