What actions can the CRU take during 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.

During copending reexamination and interference proceedings, the Central Reexamination Unit (CRU) can take certain actions, but with limitations:

• The CRU may not issue a reexamination certificate without agreement from the Board of Patent Appeals and Interferences (BPAI).
• The CRU must consult with the BPAI before taking any action that could interfere with the interference proceeding.
• The CRU can continue to process and examine prior art issues not involved in the interference.

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 the reexamination process does not interfere with the ongoing interference proceeding.