What are the general practices for handling potential interferences in patent applications?

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 MPEP outlines several general practices for handling potential interferences in patent applications subject to pre-AIA 35 U.S.C. 102(g). These include:

• Practice 1: Consult an Interference Practice Specialist (IPS) when a potential interference is identified.
• Practice 2: When one application is in condition for allowance and another is not, generally allow the first application.
• Practice 3: For applications with filing dates within six months, consider an application versus application interference.
• Practice 4: For applications with filing dates more than six months apart, issue the earlier application and reject the later one.
• Practice 5: Suspension of prosecution pending a possible interference should be rare.

The MPEP emphasizes, In an effort to maximize uniformity, when an examiner first becomes aware that a potential interference exists or any other interference issue arises during prosecution of an application, the examiner should bring the matter to the attention of an IPS in the examiner’s TC.