What happens if a request for reexamination is filed during an interference?

When a request for reexamination is filed during an interference, the following procedures apply:

1. The request for reexamination will be processed in the normal manner, without delay or stay, especially if the third party requester is not a party to the interference.
2. Under 37 CFR 41.8(a), the patent owner must notify the Board that a request for reexamination was filed within twenty days of receiving notice of the request.
3. If the examiner orders reexamination and subsequently rejects a patent claim corresponding to a count in the interference, the Board’s attention will be called to the rejection.

The MPEP states: No delay, or stay, of the reexamination will occur where the third party requester is not a party to the interference, or where the requester is a party to the interference but does not timely petition for a stay or delay.

This approach aligns with the USPTO’s general policy of conducting reexamination proceedings with “special dispatch” while allowing the interference to proceed as necessary.

To learn more:

• reexamination request
• interference
• patent proceedings
• USPTO procedures