What steps should an examiner take if potential interfering subject matter is identified?

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 an examiner identifies potential interfering subject matter during an interference search, they must follow a specific procedure. According to MPEP 2304.01(a):

“If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in this chapter.”

This process involves a careful review of the potentially interfering applications and, if necessary, initiating interference proceedings as outlined in MPEP Chapter 2300. If no interfering subject matter is found, the examiner should proceed with preparing the application for issuance.