When can the Board assume jurisdiction in patent proceedings?
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.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2312 - Board May Assume Jurisdiction,
Patent Law,
Patent Procedure