What happens if potential interfering subject matter is found during an interference search?

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.

If potential interfering subject matter is identified during an interference search, the examiner will take specific steps as outlined in MPEP 1302.08: “If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300.” This process ensures that any potential conflicts between applications are thoroughly investigated and addressed before a patent is issued.