MPEP 2312
Board May Assume Jurisdiction

Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020

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2312    Board May Assume Jurisdiction [R-08.2017]

The Board may assume jurisdiction of any application, including those involved in reexamination proceeding(s) or reissue application(s), or any issued patent in which a petition for derivation has been filed. In an application this jurisdictional assumption may occur at any time, including before the application is otherwise in condition for allowance. Where the Board has assumed jurisdiction of an application or proceeding involving an issued patent no action by the examiner may be taken until jurisdiction has been returned by the Board to the examiner.