Can a patentee suggest an interference?

No, a patentee cannot directly suggest an interference. According to MPEP 2304.03, “A patentee cannot suggest an interference under this section“. However, there are limited options available to patentees:

  • A patentee may file a reissue application to become an applicant, which would then allow them to suggest an interference.
  • Alternatively, a patentee may, to a limited extent, alert an examiner to potentially interfering claims in an application under 37 CFR 1.291.

The MPEP states: “A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application.

To learn more:

Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2304.03 - Patentee Suggestion, Patent Law, Patent Procedure
Tags: Interference Proceedings, patent examination, Patentee Rights, reissue applications