What happens to an application after an interference proceeding ends?

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.

After an interference proceeding ends, jurisdiction over the application returns to the patent examiner. The examiner’s actions depend on whether there are recommendations in the interference judgment:

• If there are recommendations, the examiner must reopen prosecution to consider them.
• If there are no recommendations, the examiner should update the search and may choose to reopen prosecution for claims not addressed in the judgment.

As stated in the MPEP: Jurisdiction over an application returns to the examiner once the interference has terminated. If there is a recommendation for further action in the application, the examiner must reopen prosecution to consider the recommendation.