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

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.

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