How can a patentee add or amend claims during an interference?
A patentee can add or amend claims during an interference by filing a reissue application. According to MPEP 2308.02:
“A patentee may file a reissue application in support of a motion to add or amend a claim.”
This process allows patentees to modify their claims in response to issues raised during the interference proceeding, potentially strengthening their position or addressing newly discovered prior art.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.02 - Added Or Amended Claims,
Patent Law,
Patent Procedure