What options does a patentee have regarding interference proceedings?

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.

While a patentee cannot directly suggest an interference, they have two main options regarding interference proceedings:

1. File a reissue application: By filing a reissue application, a patentee can become an applicant, which would then allow them to suggest an interference.
2. Alert the examiner: As stated in MPEP 2304.03, “A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application.“

It’s important to note that the second option is limited in scope and does not constitute a formal interference suggestion. For more details on these procedures, refer to MPEP § 1134 and MPEP § 1901.