How does an examiner determine the scope of an interference search?
An examiner determines the scope of an interference search by considering all subject matter encompassed by the claims, regardless of application or patent dates. The MPEP 2304.01(a) states:
“The search should be directed to all subject matter encompassed by the claims, whether or not the claims are limited by an application or patent date.”
This means that examiners must:
- Consider the broadest reasonable interpretation of the claims
- Search for potentially interfering subject matter in both pending applications and issued patents
- Not limit the search based on filing dates or patent dates
By conducting a comprehensive search, examiners can identify any potential conflicts that might lead to an interference proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(A) - Interference Search,
Patent Law,
Patent Procedure