How does an examiner initiate 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.

An examiner can initiate an interference proceeding in two ways:

1. Invite the applicant to suggest an interference pursuant to 37 CFR 41.202(a).
2. Work with an Interference Practice Specialist (IPS) to suggest an interference to the Board.

The MPEP states: “The examiner may invite the applicant to suggest an interference pursuant to 37 CFR 41.202(a). An applicant may be motivated to do so in order to present its views on how the interference should be declared.”

If the applicant doesn’t suggest an interference, “the examiner should work with an Interference Practice Specialist (IPS) to suggest an interference to the Board.”