MPEP § 2307 — MPEP § 2307
Current through: 2022-07-01

2307-Action During an Interference 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2300 

 Section 2307 
 

 
 
 
 
 
 2307 Action During an Interference [R-08.2017]

 
 37 CFR 41.103 Jurisdiction over involved files. 

 The Board acquires jurisdiction over any involved file when the Board
 initiates a contested case. Other proceedings for the involved file within the Office
 are suspended except as the Board may order.
 

 

 Once a patent or application becomes involved in an interference, the
 Board has jurisdiction over the file. The examiner may not act on an involved patent or
 application except as the Board may authorize.
 

 The Board may occasionally consult with the examiner, for instance, on a
 question regarding the technology at issue in an involved application or patent.
 

 The Board retains jurisdiction over the interference until the
 interference is terminated. The Director has defined termination to occur after a final
 Board judgment in the interference and the period for seeking judicial review has expired
 or, if judicial review is sought, after completion of judicial review including any further
 action by the Board. See 37 CFR 41.205(a) .
 

 
 2307.01 Ex Parte Communications [R-08.2017]

 
 37 CFR 41.11 Ex parte communications in inter partes
 proceedings. 

 An ex parte communication about an
 inter partes reexamination (subpart C of this part) or about a
 contested case (subparts D and E of this part) with a Board member, or with a Board
 employee assigned to the proceeding, is not permitted.
 

 

 Since an interference involves two or more parties, the integrity of
 the process requires the opportunity for the opposing party to participate in
 communications or actions regarding any involved application or patent. 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. Board action may include a
 sanction in the interference or referral of a patent practitioner to the Office of
 Enrollment and Discipline.
 

 

 
 2307.02 Access to Related Files [R-08.2012]

 
 37 CFR 41.109 Access to and copies of Office
 records. 

 
 (a) Request for access or copies . Any request from a party for
 access to or copies of Office records directly related to a contested case must
 be filed with the Board. The request must precisely identify the records and in
 the case of copies include the appropriate fee set under § 1.19(b) 
 of this title.
 

 (b) Authorization of access and copies . Access and copies will
 ordinarily only be authorized for the following records:
 
 (1) The application file for an involved patent;

 (2) An involved application; and

 (3) An application for which a party has been accorded
 benefit under subpart E of this part.
 

 
 

 
 *****

 

 In addition to any access permitted to a member of the public under
 37 CFR
 1.11 and 1.14 (see MPEP § 103 ), an
 opposing party may be authorized under 37 CFR 41.109 to have access to or a
 copy of the record for any involved patent or application, and for any application for
 which benefit has been accorded. The availability of a file to an opposing party under
 37 CFR
 41.109 has no bearing on whether a file is otherwise available
 under 37 CFR
 1.11 or 1.14 .
 

 

 
 2307.03 Suspension of Related Examinations [R-08.2017]

 Although the examiner may not act in a patent or an application
 directly involved in an interference as set forth in 37 CFR 41.103 , examination may
 continue in related cases, including any benefit files. Once examination is completed,
 the examiner should consult with an Interference Practice Specialist (IPS) to determine
 whether and how further action should proceed. The IPS may consult with the Board to
 determine whether the application claims would be barred in the event the applicant
 loses the interference.
 

 Suspension may be necessary if the claims would be barred by a loss in
 the interference. Steps should be considered to minimize the effect of any patent term
 adjustment that would result from the suspension. For instance, the examiner could
 require restriction in accordance with 35 U.S.C. 121 , of the application to
 only the claims that do not interfere so that they can be issued. The applicant may then
 file a divisional application with the interfering claims, which may be suspended.
 

 

 
 2307.04 Additional Parties to Interference [R-08.2017]

 During the course of an interference, the examiner may come across
 applications or patents of parties that claim the same invention, but are not already
 involved in the interference. If so, the examiner should consult with an Interference
 Practice Specialist (IPS) and prepare a referral of the suggested interference to the
 Board in the same way that a referral is prepared in the first instance.
 

 

 
 2307.05 Board Action on Related Files [R-08.2012]

 Occasionally, the Board may order that a paper be filed in a related
 application. Generally, the paper will notify the examiner of a fact, such as a party
 admission or prior art, that may be relevant to examination of the related case.
 

 

 
 2307.06 Action at the Board [R-08.2017]

 Action at the Board during an interference is beyond the scope of this
 Chapter. For further information, see 37 CFR part 41, subparts A, D, and E; see also the
 Board’s Contested Case Practice Guide. A Standing Order and other orders, which further
 direct the conduct of the parties, are also entered in each interference.
 

 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2301-Interference Proceedings 
 2301.01-Statutory Basis 

 2301.02-Definitions 

 2301.03-Interfering Subject Matter 

 2301.04-Applicability of 35 U.S.C. 102(g) to Applications filed on or after March 16, 2013 

 
 

 2302-Consult an Interference Practice Specialist 

 2303-Completion of Examination 
 2303.01-Issuance and Suspension 

 2303.02-Other Outstanding Issues with Patents 

 
 

 2304-Suggesting an Interference 
 2304.01-Preparation of an Application for Interference 
 2304.01(a)-Interference Search 

 2304.01(b)-Obtaining Control Over Involved Files 

 2304.01(c)-Translation of Foreign Benefit Application 

 2304.01(d)-Sorting Claims 

 
 

 2304.02-Applicant Suggestion 
 2304.02(a)-Identifying the Other Application or Patent 

 2304.02(b)-Counts and Corresponding Claims 

 2304.02(c)-Explaining Priority 

 2304.02(d)-Adequate Written Description 

 
 

 2304.03-Patentee Suggestion 

 2304.04-Examiner Suggestion 
 2304.04(a)-Interfering Claim Already in Application 

 2304.04(b)-Requiring a Claim 

 2304.04(c)-Rejections Based on Disclaimer 

 
 

 2304.05-Common Ownership 

 
 

 2305-Requiring a Priority Showing 

 2306-Secrecy Order Cases 

 2307-Action During an Interference 
 2307.01-Ex Parte Communications 

 2307.02-Access to Related Files 

 2307.03-Suspension of Related Examinations 

 2307.04-Additional Parties to Interference 

 2307.05-Board Action on Related Files 

 2307.06-Action at the Board 

 
 

 2308-Action After an Interference 
 2308.01-Final Disposal of Claims 

 2308.02-Added or Amended Claims 

 2308.03-Estoppel Within the Office 
 2308.03(a)-Losing Party 

 2308.03(b)-No Interference-in-Fact 

 2308.03(c)-No Second Interference 

 
 

 2308.04-Office Procedure Following Decision by the U. S. Court of Appeals for the Federal Circuit 

 
 

 2309-National Aeronautics and Space Administration or Department of Energy 

 2310-Derivation Proceedings 
 2310.01-Statutory Basis 

 2310.02-Definitions 

 
 

 2311-Consult a Technology Center Practice Specialist 

 2312-Board May Assume Jurisdiction 

 2313-Action Once a Derivation Proceeding is Instituted 

 2314-Action at the Board 

 2315-Action After a Derivation Proceeding is Decided 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:35