What happens to the reexamination proceeding when an interference is declared?

What happens to the reexamination proceeding when an interference is declared?

When an interference is declared during a pending reexamination proceeding:

• The jurisdiction over the reexamination shifts to the Board of Patent Appeals and Interferences (BPAI).
• The reexamination proceeding is usually suspended, but this is not automatic.
• The BPAI may allow certain aspects of the reexamination to continue if they don’t conflict with the interference.
• The Central Reexamination Unit (CRU) must consult with the BPAI before taking any action in the reexamination.

MPEP 2686.02 states: “When the interference is declared, jurisdiction over the reexamination proceeding transfers to the BPAI.” This ensures that the interference takes precedence while allowing for coordination between the two proceedings.

To learn more:

• interference declaration
• reexamination
• jurisdiction
• BPAI
• suspension