When does the PTAB’s jurisdiction over a patent application in a derivation proceeding end?
The Patent Trial and Appeal Board (PTAB) retains jurisdiction over a patent application involved in a derivation proceeding until the proceeding is formally terminated. As stated in MPEP 2313:
“The Board retains jurisdiction over the derivation proceeding until it is terminated.”
This means that the PTAB maintains exclusive control over the application throughout the entire derivation proceeding, from institution until a final decision is reached or the proceeding is otherwise concluded.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2313 - Action Once A Derivation Proceeding Is Instituted,
Patent Law,
Patent Procedure