What should I do if I witness an ex parte communication in a patent interference?

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 you witness or become aware of an ex parte communication in a patent interference, you should promptly report it to the Board. The MPEP 2307.01 states:

“Once an interference is declared, any attempt by a party to communicate with the Board through the examiner or to have the examiner act in an involved patent or application without Board authorization should be promptly reported to the Board.”

Reporting such incidents helps maintain the integrity of the interference process. The Board may take action in response, which could include imposing sanctions in the interference or referring the matter to the Office of Enrollment and Discipline if a patent practitioner is involved.