What is the role of an examiner in formulating counts for an interference?
An examiner plays a crucial role in formulating counts for an interference. According to MPEP 2304.02(b), the examiner’s responsibilities include:
- Defining the interfering subject matter through the count
- Ensuring that the count encompasses all claims corresponding to the interfering subject matter
- Suggesting multiple counts when separate patentable inventions are involved
The MPEP states:
“When a count encompasses separate patentable inventions, the examiner should suggest multiple counts. An examiner may wish to consult with an Interference Practice Specialist (IPS) in formulating a count.”
This guidance emphasizes the examiner’s role in accurately defining the scope of the interference and ensuring that all relevant inventive aspects are properly addressed in the proceedings.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(B) - Counts And Corresponding Claims,
Patent Law,
Patent Procedure