Are examiners required to implement recommendations from an interference judgment?

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.

Yes, patent examiners are required to implement recommendations from an interference judgment. The MPEP clearly states: The examiner must enter any recommended rejection, and must maintain the rejection unless the applicant by amendment or submission of new evidence overcomes the rejection to the examiner’s satisfaction.

This means that if the interference judgment includes specific recommendations for rejections or other actions, the examiner is obligated to incorporate these into their examination. However, the applicant still has the opportunity to overcome these rejections through amendments or new evidence.