What are the requirements for suggesting an interference?
According to MPEP 2304.02(b), when suggesting an interference, an applicant must meet several requirements as outlined in 37 CFR 41.202. These include:
- Identifying all claims believed to interfere
- Proposing one or more counts
- Showing how the claims correspond to the count(s)
- Providing a claim chart comparing at least one claim of each party for each count
- Demonstrating why the claims interfere within the meaning of § 41.203(a)
The MPEP states:
“The examiner must confirm that the applicant has (A) identified at least one patentable count, (B) identified at least one patentable claim from each party for each count, and (C) has provided a claim chart comparing at least one set of claims for each count.”
These requirements ensure that the suggestion for interference is substantiated and properly formatted for examination.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(B) - Counts And Corresponding Claims,
Patent Law,
Patent Procedure