Why is suspension of prosecution discouraged in potential interference cases?

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 MPEP discourages the suspension of prosecution in potential interference cases. Specifically, it states:

Suspension of prosecution pending a possible interference should be rare and should not be entered prior to the consultation required by Practice 1 above.

This guidance reflects a shift in patent examination practice. The MPEP explains the reasoning behind this approach:

In light of patent term adjustments it is no longer appropriate to suspend an application on the chance that an interference might ultimately result.

This policy aims to prevent unnecessary delays in patent prosecution and to ensure that applications are processed efficiently. Instead of suspending prosecution, examiners are encouraged to consult with an Interference Practice Specialist (IPS) and follow the established practices for handling potential interferences.