How are amendments containing claims copied from a patent to provoke an interference handled?
When an amendment is filed after allowance and contains claims copied from a patent to provoke an interference, it requires special handling. According to MPEP 1303.01:
“If the amendment contains claims copied from a patent to provoke an interference, see MPEP Chapter 2300.”
This reference to MPEP Chapter 2300 indicates that such amendments are subject to specific procedures related to interference practice. Key points to understand:
- Interference is a proceeding to determine priority of invention between two or more parties claiming the same patentable invention.
- Copying claims from an issued patent is a strategy to provoke an interference proceeding.
- These cases require careful examination to determine if an interference should be declared.
- The procedures in MPEP Chapter 2300 guide examiners and applicants through the complex interference process.
It’s important to note that with the implementation of the America Invents Act, interference proceedings are being phased out for applications filed on or after March 16, 2013, in favor of derivation proceedings.
To learn more: