What are the potential consequences of engaging in ex parte communications during a patent 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.

Engaging in ex parte communications during a patent interference can lead to serious consequences. According to MPEP 2307.01:

“Board action may include a sanction in the interference or referral of a patent practitioner to the Office of Enrollment and Discipline.”

This means that the consequences can be twofold:

• Sanctions in the interference: The Board may impose penalties that affect the current proceeding, potentially disadvantaging the party who engaged in the ex parte communication.
• Professional disciplinary action: If a patent practitioner is involved, they may be referred to the Office of Enrollment and Discipline, which could lead to professional consequences such as reprimands, suspensions, or even disbarment from practicing before the USPTO.

These severe consequences underscore the importance of adhering to the rules against ex parte communications in patent interferences.