How can a patentee become eligible to suggest an interference?

A patentee can become eligible to suggest an interference by filing a reissue application. This process effectively transforms the patentee into an applicant, granting them the ability to suggest an interference. As stated in MPEP 2304.03:

“A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application.”

The steps involved in this process are:

1. Determine if the patent qualifies for reissue under 35 U.S.C. 251.
2. File a reissue application following the procedures outlined in MPEP 1400.
3. Once the reissue application is filed, the patentee (now an applicant) can suggest an interference following the rules in 37 CFR 41.202.

It’s important to note that filing a reissue application comes with its own set of requirements and potential risks, so patentees should carefully consider this option and consult with a patent attorney before proceeding.

To learn more:

• reissue application
• interference suggestion
• patent procedure
• patentee rights