What are the notification requirements when a reexamination is requested during an interference?

When a reexamination is requested for a patent involved in an interference proceeding, there are specific notification requirements:

1. Under 37 CFR 41.8(a), the patent owner must notify the Board that a request for reexamination was filed within 20 days of receiving notice of the request.
2. If the patent owner files the request for reexamination, the 20-day period starts from the filing date of the request.

The MPEP states: “Such requests for reexamination will be processed in the normal manner. No delay, or stay, of the reexamination will occur because the requester is not a party to the interference.” This underscores the USPTO’s policy of continuing both proceedings concurrently.

Additionally, “If the examiner orders reexamination pursuant to 37 CFR 1.525 and subsequently rejects a patent claim corresponding to a count in the interference, the attention of the Board shall be called thereto.” This ensures that the Board is aware of any developments in the reexamination that may affect the interference proceeding.

To learn more:

• reexamination request
• interference
• notification requirements
• patent owner obligations