Can an interference be suspended due to a concurrent reexamination proceeding?
Yes, an interference can potentially be suspended due to a concurrent reexamination proceeding, but suspension is not favored. The process for requesting such a suspension involves multiple steps: A party to the interference may file a miscellaneous motion under 37 CFR 41.121(a)(3) to suspend the interference. This motion must be presented to the administrative patent…
Read MoreCan a reexamination proceeding itself be involved in an interference?
No, a reexamination proceeding itself cannot be involved in an interference proceeding. The MPEP clearly states: “Although a patent being reexamined via a reexamination proceeding may become involved in an interference proceeding, the reexamination proceeding itself can never be involved in an interference proceeding.“ This is based on the language of 35 U.S.C. 135(a), which…
Read MoreHow does the USPTO handle attempts to provoke an interference with a patent under reexamination?
When an applicant attempts to provoke an interference with a patent that is undergoing reexamination, the USPTO follows a specific procedure: The applicant must comply with 37 CFR 41.202(a), including identifying the patent under reexamination. The application claims may be rejected on any applicable ground, including prior art cited in the reexamination. Prosecution of the…
Read MoreWhat are the notification requirements when a reexamination is requested during an interference?
When a reexamination is requested for a patent involved in an interference proceeding, there are specific notification requirements: Under 37 CFR 41.8(a), the patent owner must notify the Board that a request for reexamination was filed within 20 days of receiving notice of the request. If the patent owner files the request for reexamination, the…
Read MoreWhat happens when a patent in ex parte reexamination becomes involved in an interference?
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…
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