Who can suggest an interference in the patent examination process?

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.

According to MPEP 2304, an interference can be suggested by either an applicant or an examiner. Specifically, the MPEP states:

“The suggestion for an interference may come from an applicant or from an examiner.”

This means that both parties involved in the patent application process have the ability to initiate the interference procedure if they believe there is a conflict in inventorship or priority.