MPEP 2313
Action Once a Derivation Proceeding is Instituted

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2313    Action Once a Derivation Proceeding is Instituted [R-08.2017]

37 C.F.R. 42.3 Jurisdiction.

(a) The Board may exercise exclusive jurisdiction within the Office over every involved application and patent during the proceeding, as the Board may order.

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The Board acquires jurisdiction over any involved file when the Board initiates a derivation proceeding. Other proceedings for the involved file within the Office are suspended except as the Board may order. Once a patent or application becomes involved in derivation proceeding, the Board has jurisdiction over the file. The examiner may not act on an involved patent or application except as the Board may authorize. The Board retains jurisdiction over the derivation proceeding until it is terminated.