Can a patent owner petition to stay a reexamination proceeding because of an interference?

Yes, a patent owner can petition to stay a reexamination proceeding because of an interference, but there are specific rules and timing considerations:

1. Any petition filed prior to the first Office action in the reexamination proceeding will not be considered and will be returned or expunged.
2. The patent owner may file a petition to stay the reexamination proceeding after the first Office action.
3. If a party to the interference other than the patent owner is also the reexamination requester, they may also petition to stay the reexamination proceeding after the first Office action.

The MPEP states: Petitions to stay filed subsequent to the date of the first Office action in the reexamination proceeding will be referred to OPLA for decision by a Senior Legal Advisor of that Office.

It’s important to note that if a party to the interference other than the patent owner is not the reexamination requester, any petition by that party is improper under 37 CFR 1.905 and will not be considered.

To learn more:

• reexamination stay
• interference
• patent proceedings
• USPTO procedures