Who declares and administers an interference proceeding?

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 declaration and administration of an interference proceeding involve multiple parties within the USPTO. According to MPEP 2301:

“Once an interference has been suggested under 37 CFR 41.202, the examiner refers the suggested interference to the Board. An administrative patent judge declares the interference, which is then administered at the Board.”

Specifically:

• The examiner initially suggests the interference
• The Board of Patent Appeals and Interferences (BPAI) receives the suggestion
• An administrative patent judge officially declares the interference
• The Board then administers the proceeding

This process ensures a fair and thorough examination of competing claims to determine priority of invention.