Can a reexamination proceeding itself be involved in an interference?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 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 specifies that interferences can only be declared between applications or between an application and an unexpired patent. The MPEP explains: “The reexamination proceeding is neither an application nor a patent.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reexamination Proceeding Cannot Be Involved in Interference MPEP 2284 Permitted Reexamination Proceeding Is Not an Application or Patent MPEP 2284 Patent Can Be Involved in Interference Proceeding During Ex Parte Reexamination MPEP 2284 Permitted Reexamination and Interference Proceedings for Same Patent Copending MPEP 2284 Required Claim Must Be Involved in Contested Case MPEP 2284 Reexamination Proceeding Continues Despite Interference Possibility MPEP 2284 Patent Owner Must Notify Office of Concurrent Proceedings MPEP 2284 Required Interference Proposed for Interfering Claims After Allowance MPEP 2284 Recommended Notification Required for Amended Claims MPEP 2284 Required Patent Owner Must Notify Office of Interference Proceeding During Reexamination MPEP 2284 Required Other Related FAQs 5 FAQs Collapse What happens when a patent in ex parte reexamination becomes involved in an interference? What are the notification requirements when a reexamination is requested during an interference? How does the USPTO handle attempts to provok...