How are PCT application files handled in patent interferences?

The MPEP 2304.01(b) provides guidance on handling Patent Cooperation Treaty (PCT) application files in interference proceedings:

“Generally, a separate application file for a Patent Cooperation Treaty (PCT) application is not required for according benefit because the PCT application is included in a national stage application file that is itself either the application involved in the interference or a benefit file.”

However, there are exceptions:

“Occasionally, however, the PCT application file itself is required for benefit. For instance, if benefit is claimed to the PCT application, but not to a national stage application in which it is included, then the PCT application file must be obtained.”

This ensures that all relevant information is available for determining benefit in interference proceedings.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2304.01(B) - Obtaining Control Over Involved Files, Patent Law, Patent Procedure
Tags: Patent Interference, PCT applications, USPTO procedures