What are ex parte communications in patent 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.

Ex parte communications in patent interference proceedings refer to private communications about the case with a Board member or Board employee assigned to the proceeding, without the presence or knowledge of the other party. These communications are strictly prohibited in inter partes proceedings, including interferences.

As stated in MPEP 2307.01: “An ex parte communication about an inter partes reexamination (subpart C of this part) or about a contested case (subparts D and E of this part) with a Board member, or with a Board employee assigned to the proceeding, is not permitted.” This rule is in place to maintain the integrity of the interference process and ensure fairness to all parties involved.