How are potentially interfering patent applications assigned to examiners?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

According to MPEP 2304.01(b), applications that are believed to interfere should typically be assigned to the same examiner. The section states:

“Ordinarily applications that are believed to interfere should be assigned to the same examiner.”

This practice ensures consistency in the examination process for potentially interfering applications.

Topics: MPEP 2300 - Interference And Derivation Proceedings MPEP 2304.01(B) - Obtaining Control Over Involved Files Patent Law Patent Procedure
Tags: Examiner Assignment, Patent Interference, USPTO procedures