How does the USPTO handle copending reexamination and interference proceedings?

How does the USPTO handle copending reexamination and interference proceedings?

The USPTO handles copending reexamination and interference proceedings as follows:

• The Board of Patent Appeals and Interferences (BPAI) has jurisdiction over an interference proceeding.
• The Central Reexamination Unit (CRU) has jurisdiction over any reexamination proceeding.
• When both proceedings are copending, the BPAI’s jurisdiction over the interference proceeding generally takes precedence.
• The CRU Director must consult with the BPAI before taking any action in the reexamination that may interfere with the interference.

As stated in MPEP 2686.02: “The Board of Patent Appeals and Interferences (BPAI) has jurisdiction over an interference proceeding and the Central Reexamination Unit (CRU) has jurisdiction over a reexamination proceeding.”

To learn more:

• USPTO
• reexamination
• interference
• jurisdiction
• BPAI
• CRU