Can a patent examiner act on a patent or application involved in an interference?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Generally, a patent examiner cannot act on a patent or application that is involved in an interference proceeding without authorization from the Board. The MPEP 2307 states:

“The examiner may not act on an involved patent or application except as the Board may authorize.”

This restriction ensures that the Board maintains control over the interference proceedings. However, the Board may occasionally consult with the examiner on technical matters related to the involved patent or application.