What are stand-by claims in an interference proceeding?

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.

Stand-by claims in an interference proceeding are claims that have been designated as not corresponding to the count. According to MPEP 2304.01(d):

“Claims designated as not corresponding to the count are treated as stand-by claims.”

Stand-by claims are not actively involved in the interference but are kept in reserve. They may become relevant if:

• The scope of the interference changes
• The corresponding claims are found unpatentable
• The interference is dissolved

The administrative patent judge (APJ) determines which claims are designated as stand-by during the claim sorting process. These claims remain in the application but are not directly addressed in the interference proceeding unless circumstances change.