Why are interferences not declared for applications under secrecy orders?
Interferences are not declared for applications under secrecy orders primarily due to confidentiality concerns. The MPEP 2306 explains:
“Once an interference is declared, an opposing party is entitled to access to the application and benefit applications pursuant to 37 CFR 41.109. See MPEP § 2307.02. Consequently, an interference should not be suggested for an application under a secrecy order.”
This policy is in place to protect the confidential nature of applications under secrecy orders. Declaring an interference would require disclosure of the application’s contents to other parties, which would violate the secrecy order. Therefore, the USPTO refrains from declaring interferences for such applications to maintain their confidentiality.
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