How does the USPTO handle claim amendments during copending reexamination and 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.

The USPTO handles claim amendments carefully during copending reexamination and interference proceedings:

• Claim amendments in reexamination that affect claims involved in the interference require special consideration.
• The Central Reexamination Unit (CRU) must consult with the Board of Patent Appeals and Interferences (BPAI) before allowing such amendments.
• Amendments to claims not involved in the interference may be processed normally in the reexamination.

MPEP 2686.02 states: “The CRU Director is required to consult with the BPAI before taking any action in the reexamination proceeding that would involve modifying the claims at issue in the interference.” This ensures that claim amendments in reexamination do not interfere with the ongoing interference proceeding.