How can parties request a suspension of an interference due to a reexamination proceeding?

Parties can request a suspension of an interference due to a reexamination proceeding through two main methods:

1. Motion to Suspend Interference: A party to the interference can file a miscellaneous motion under 37 CFR 41.121(a)(3) to suspend the interference pending the outcome of a reexamination proceeding. This motion must be presented to the Administrative Patent Judge (APJ).
2. Request to the Director: If the motion under 37 CFR 41.121(a)(3) is denied by the APJ, a request to stay the interference may be made to the Director of the USPTO under 37 CFR 1.993. This request will be decided by the Chief Administrative Patent Judge of the Board.

It’s important to note that, as stated in the MPEP, suspension is not favored. Normally, no consideration will be given such a motion unless and until a reexamination order is issued, nor will suspension of the interference normally be permitted until after any motions have been disposed of in the interference proceeding.

To learn more:

• interference suspension
• reexamination
• patent proceedings
• USPTO procedures