What is the scope of the PTAB’s jurisdiction in a derivation proceeding?
The Patent Trial and Appeal Board (PTAB) exercises broad and exclusive jurisdiction over patent applications involved in derivation proceedings. According to MPEP 2313, which cites 37 CFR 42.3:
“The Board may exercise exclusive jurisdiction within the Office over every involved application and patent during the proceeding, as the Board may order.”
This means that the PTAB has complete control over the involved applications and patents, including the authority to suspend other proceedings within the USPTO and to direct any actions related to the involved files during the derivation proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2313 - Action Once A Derivation Proceeding Is Instituted,
Patent Law,
Patent Procedure