What happens when potentially interfering applications are in different Technology Centers?
When potentially interfering applications are assigned to different Technology Centers (TCs), the MPEP 2304.01(b) provides specific guidance:
“If the interference would be between two applications, and the applications are assigned to different Technology Centers (TCs), then one application must be reassigned. Ordinarily the applications should both be assigned to the TC where the commonly claimed invention would be classified.”
This ensures that both applications are examined by examiners with the most relevant expertise for the subject matter involved in the potential interference.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(B) - Obtaining Control Over Involved Files,
Patent Law,
Patent Procedure