What happens when a patent in ex parte reexamination becomes involved in an interference?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. When a patent undergoing ex parte reexamination becomes involved in an interference proceeding, the general policy of the USPTO is to continue both proceedings concurrently. As stated in the MPEP, “ The general policy of the Office is that a reexamination proceeding will not be delayed, or stayed, because of an interference or the possibility of an interference. ” This is due to the requirement in 35 U.S.C. 305 that reexamination proceedings be conducted with “special dispatch.” However, the Board of Patent Appeals and Interferences (BPAI) has the flexibility to manage these concurrent proceedings as needed. According to the MPEP, “ 37 CFR 41.103 provides the Board with the flexibility to tailor a specific solution to occurrences where reexamination and interference proceedings for the same patent are copending, as such occurrences may arise. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reexamination and Interference Proceedings for Same Patent Copending MPEP 2284 Required Reexamination Proceedings Must Be Conducted with Special Dispatch MPEP 2284 Patent Can Be Involved in Interference Proceeding During Ex Parte Reexamination MPEP 2284 Permitted Reexamination Proceeding Continues Despite Interference Possibility MPEP 2284 Reexamination Proceeding Cannot Be Involved in Interference MPEP 2284 Permitted Requirement for Identifying Patent Under Reexamination in Interference MPEP 2284 Required Reexamination Proceeding Is Not an Application or Patent MPEP 2284 Patent Owner Must Notify Office of Concurrent Proceedings MPEP 2284 Required Patent Owner Must Notify Office of Interference Proceeding During Reexamination MPEP 2284 Required Decisions on Staying Reexamina...