How does an applicant suggest an interference in patent proceedings?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Suggesting an interference in patent proceedings is a specific process outlined in 37 CFR 41.202. An applicant, including a reissue applicant, can suggest an interference with another application or patent. The suggestion must include several elements, but particularly relevant to the written description requirement is:

“If a claim has been added or amended to provoke an interference, provide a claim chart showing the written description for each claim in the applicant’s specification.”

It’s crucial to note that merely wanting an interference is not sufficient. The interfering claim must be allowable, particularly with respect to the written description supporting it.