When does the PTAB’s jurisdiction over a patent application in a derivation proceeding end?

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 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.