When does jurisdiction over a patent application transfer from the Patent Examining Corps to the Board?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 transfer of jurisdiction from the Patent Examining Corps to the Board occurs at a specific point in the appeal process. According to MPEP 1203, “Jurisdiction over the proceeding passes to the Board upon the filing of a reply brief under 37 CFR 41.41 or the expiration of the time in which to file such a reply brief, whichever is earlier.” This is further specified in 37 CFR 41.35.

Tags: board of patent appeals, jurisdiction transfer, patent examining corps, Reply Brief