When might suspension of examination be necessary during an 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.

Suspension of examination might be necessary during an interference if the claims in a related application would be barred in the event the applicant loses the interference. The MPEP 2307.03 states:

“Suspension may be necessary if the claims would be barred by a loss in the interference.”

To determine if suspension is needed, the Interference Practice Specialist (IPS) may consult with the Patent Trial and Appeal Board (PTAB). The MPEP explains:

“The IPS may consult with the Board to determine whether the application claims would be barred in the event the applicant loses the interference.”

This consultation helps ensure that the examination process aligns with the potential outcomes of the interference proceeding.