What happens if a request for reexamination is filed during an 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.

When a request for reexamination is filed during an interference, the following procedures apply:

1. The request for reexamination will be processed in the normal manner, without delay or stay, especially if the third party requester is not a party to the interference.
2. Under 37 CFR 41.8(a), the patent owner must notify the Board that a request for reexamination was filed within twenty days of receiving notice of the request.
3. If the examiner orders reexamination and subsequently rejects a patent claim corresponding to a count in the interference, the Board’s attention will be called to the rejection.

The MPEP states: No delay, or stay, of the reexamination will occur where the third party requester is not a party to the interference, or where the requester is a party to the interference but does not timely petition for a stay or delay.

This approach aligns with the USPTO’s general policy of conducting reexamination proceedings with “special dispatch” while allowing the interference to proceed as necessary.