What happens if additional parties are discovered during an interference proceeding?
If additional parties with claims to the same invention are discovered during an interference proceeding, the examiner should take specific steps. According to MPEP 2307.04:
“During the course of an interference, the examiner may come across applications or patents of parties that claim the same invention, but are not already involved in the interference. If so, the examiner should consult with an Interference Practice Specialist (IPS) and prepare a referral of the suggested interference to the Board in the same way that a referral is prepared in the first instance.”
This means that the examiner must follow the same procedure as when initially referring an interference, ensuring that all relevant parties are included in the proceedings.
To learn more: