Why are ex parte communications prohibited in patent interferences?

Ex parte communications are prohibited in patent interferences to maintain the fairness and integrity of the proceedings. The MPEP 2307.01 explains: “Since an interference involves two or more parties, the integrity of the process requires the opportunity for the opposing party to participate in communications or actions regarding any involved application or patent.” This prohibition…

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What are ex parte communications in patent interference proceedings?

Ex parte communications in patent interference proceedings refer to private communications about the case with a Board member or Board employee assigned to the proceeding, without the presence or knowledge of the other party. These communications are strictly prohibited in inter partes proceedings, including interferences. As stated in MPEP 2307.01: “An ex parte communication about…

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What are the potential consequences of engaging in ex parte communications during a patent interference?

Engaging in ex parte communications during a patent interference can lead to serious consequences. According to MPEP 2307.01: “Board action may include a sanction in the interference or referral of a patent practitioner to the Office of Enrollment and Discipline.” This means that the consequences can be twofold: Sanctions in the interference: The Board may…

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