What is the Patent Trial and Appeal Board’s role in patent interferences?

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.

The Patent Trial and Appeal Board (PTAB) plays a significant role in patent interferences. According to MPEP 2304, after an Interference Practice Specialist (IPS) reviews a suggested interference, they may refer it to the Board:

“…the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.”

The PTAB is responsible for conducting interference proceedings, hearing arguments, and ultimately determining which party has priority of invention or the right to a patent when multiple parties claim the same invention.