How does an examiner refer additional parties to an ongoing 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.
When an examiner discovers additional parties that may need to be included in an ongoing interference, they must follow a specific referral process. The MPEP 2307.04 states:
“If so, the examiner should consult with an Interference Practice Specialist (IPS) and prepare a referral of the suggested interference to the Board in the same way that a referral is prepared in the first instance.”
This means that the examiner must:
- Consult with an Interference Practice Specialist (IPS)
- Prepare a referral document for the suggested interference
- Submit the referral to the Patent Trial and Appeal Board (PTAB)
The process for referring additional parties is the same as the initial interference referral, ensuring consistency and proper procedure throughout the interference proceedings.