What happens to a patent application during an interference proceeding?

During an interference proceeding, the normal examination process for the involved patent application is generally suspended. The MPEP 2301 states:

“Once the interference is declared, the examiner generally will not treat the application again until the interference has been terminated.”

However, there are exceptions:

• The Board may refer matters back to the examiner
• The Board may consult with the examiner on specific issues
• Any action required due to Board consultation must be handled with “special dispatch” due to tight deadlines

After the interference is terminated, the application returns to the examiner for further action based on the interference outcome. This may include issuing the patent if allowable claims remain or following Board recommendations for further examination.

To learn more:

• interference proceeding
• patent application
• examination process
• USPTO
• BPAI