When can the Board assume jurisdiction in patent proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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) has broad authority to assume jurisdiction in various patent-related proceedings. According to MPEP 2312 : “The Board may assume jurisdiction of any application, including those involved in reexamination proceeding(s) or reissue application(s), or any issued patent in which a petition for derivation has been filed.” This means the Board can take control of pending applications, reexaminations, reissues, and even issued patents when derivation proceedings are involved. Importantly, this can occur at any stage of the process, even before an application is ready for allowance. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Board May Assume Jurisdiction Over Reissue and Reexamination MPEP 2312 Permitted Board Must Return Jurisdiction Before Examiner Actions MPEP 2312 Permitted Jurisdiction May Be Assumed Any Time During Application MPEP 2312 Permitted PTAB Handles Requests for Interference and Derivation Records MPEP 103 Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) Petitions for Access Handled by Office of Patent Legal Administration Except Interference Cases MPEP 103 Petitions for Appeal of Ex Parte Reexamination Before PTAB Transfer MPEP 1002.02(c) Petition for Access to Interference Agreement Under Pre-AIA 35 U.S.C. 135(c) MPEP 1002.02(f) Access to Firm's Patent Applications for Registered Members with Signatory Power MPEP 104 Required Interviews After Notice of Allowability or PTAB Transfer Required MPEP 1002.02(c) Other Related FAQs 5 FAQs Collapse Can the Board assume jurisdiction before an application is ready for allowance? How does the Board&#8217;s assumption of jurisdiction aff...