What is the purpose of the Board ordering papers to be filed in related applications?
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 primary purpose of the Board ordering papers to be filed in related applications is to ensure that all relevant information is considered during the patent examination process. According to MPEP 2307.05, “Occasionally, the Board may order that a paper be filed in a related application. 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.”
The purposes of this action include:
- Informing examiners of newly discovered prior art
- Notifying examiners of party admissions made during proceedings
- Ensuring consistency across related patent applications
- Promoting a thorough and fair examination process
By ordering these papers to be filed, the Board facilitates a more comprehensive examination, potentially preventing the issuance of patents that may later be found invalid due to overlooked information.