What happens when a patent in inter partes reexamination becomes involved in an interference?
When a patent undergoing inter partes reexamination becomes involved in an interference proceeding, the general policy is that the reexamination will not be delayed or stayed. This is due to the requirement in 35 U.S.C. 314(c) that all reexamination proceedings be conducted with “special dispatch” within the Office.
As stated in the MPEP: In general, the Office will follow the practice of making the required and necessary decisions in the inter partes reexamination proceeding and, at the same time, going forward with the interference to the extent desirable.
However, the Board of Patent Appeals and Interferences has the flexibility to tailor specific solutions when reexamination and interference proceedings for the same patent are copending.
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