Can examination continue in related cases during an interference proceeding?

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, examination can continue in related cases during an interference proceeding. According to MPEP 2307.03, “examination may continue in related cases, including any benefit files.” However, the examiner is prohibited from acting on the patent or application directly involved in the interference, as stated in 37 CFR 41.103.

Once the examination of related cases is completed, the examiner should consult with an Interference Practice Specialist (IPS) to determine the next steps. The MPEP states:

“Once examination is completed, the examiner should consult with an Interference Practice Specialist (IPS) to determine whether and how further action should proceed.”

This consultation ensures that the examination of related cases aligns with the ongoing interference proceeding.