Can a patentee suggest 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.

No, a patentee cannot directly suggest an interference. According to MPEP 2304.03, “A patentee cannot suggest an interference under this section“. However, there are limited options available to patentees:

• A patentee may file a reissue application to become an applicant, which would then allow them to suggest an interference.
• Alternatively, a patentee may, to a limited extent, alert an examiner to potentially interfering claims in an application under 37 CFR 1.291.

The MPEP states: “A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application.“