Rule 42.3 — Jurisidiction

§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.

Annotation: The PTAB refused to take jurisdiction over the prosecution of the subject patent’s two child-applications, notwithstanding Rule 42.3, because the child-applications were not “involved” with the subject patent. “An ‘involved’ patent means a patent that is the subject of the proceeding. An ‘involved’ application means an application that is the subject of a proceeding, for example in a derivation proceeding.” Chi Mei Innolux Corp. v. Semiconductor Energy Lab. Co., Case No. IPR2013-00028, Paper 8 at 2-3 (PTAB Nov. 28, 2012).

 (b) A petition to institute a trial must be filed with the Board consistent with any time period required by statute.