What types of information might the Board notify an examiner about in related files?

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) may notify examiners about various types of information relevant to related patent applications. According to MPEP 2307.05, the Board typically notifies examiners of:

• Party admissions: Statements made by parties during proceedings that may be relevant to the examination of related cases.
• Prior art: Information about existing inventions or publications that could affect the patentability of related applications.

The MPEP 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 process ensures that examiners have access to all pertinent information discovered during interference or derivation proceedings when examining related patent applications.