Can an applicant add or amend claims during an interference proceeding?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Yes, an applicant can file a motion during an interference proceeding to add or amend claims. The Manual of Patent Examining Procedure (MPEP) Section 2308.02 states: “An applicant may file a motion during the interference to add or amend a claim.” This allows applicants to adjust their claims in response to developments during the interference proceeding. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Motion to Add or Amend Claim During Interference Allowed MPEP 2308.02 Permitted Patentee May File Reissue for Claim Amendments MPEP 2308.02 Permitted Examiner Can Reject Amended Claim After Approval MPEP 2308.02 Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required Examiner Must Enter Claim Per Board Decision MPEP 2308.02 Permitted Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Losing Party Cannot Reopen Issues Adjudicated Against Them MPEP 2308 Prohibited Estoppel After Judgment for Properly Decided Issues MPEP 2308 Prohibited Losing Party Cannot Take Inconsistent Action Post-Judgment MPEP 2308 Prohibited Adverse Judgment Requires No Further Office Action MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse Can an examiner reject claims authorized by the PTAB during an interference? How can a patentee add or amend claims during an interference? What happens to added or amended claims during an interference? Who authorizes the entry of added or amended claims during an interference? Can claims be amended after an interference proceeding?