How does the USPTO handle concurrent reexamination and interference proceedings?

When reexamination and interference proceedings are concurrent, the USPTO follows specific guidelines to manage both processes. According to MPEP 2686.04:

“If a reexamination proceeding is ordered while an interference proceeding is pending, the reexamination proceeding is suspended until the interference proceeding is terminated at the interference level (i.e., the interference is terminated as to the claims subject to interference).”

This means that:

• The interference proceeding takes precedence over the reexamination.
• The reexamination is suspended until the interference is resolved at the interference level.
• Once the interference is terminated, the reexamination can proceed for any claims that were not involved in the interference or were not canceled as a result of the interference.

This approach ensures that conflicting decisions are avoided and that the patent’s validity is comprehensively addressed.

To learn more:

• reexamination
• interference
• concurrent proceedings
• USPTO procedure