How does the USPTO handle copending reexamination and interference proceedings?

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 copending reexamination and interference proceedings as follows:

• The Board of Patent Appeals and Interferences (BPAI) has jurisdiction over an interference proceeding.
• The Central Reexamination Unit (CRU) has jurisdiction over any reexamination proceeding.
• When both proceedings are copending, the BPAI’s jurisdiction over the interference proceeding generally takes precedence.
• The CRU Director must consult with the BPAI before taking any action in the reexamination that may interfere with the interference.

As stated in MPEP 2686.02: “The Board of Patent Appeals and Interferences (BPAI) has jurisdiction over an interference proceeding and the Central Reexamination Unit (CRU) has jurisdiction over a reexamination proceeding.”