How does an examiner initiate an interference proceeding?
An examiner can initiate an interference proceeding in two ways:
- Invite the applicant to suggest an interference pursuant to 37 CFR 41.202(a).
- Work with an Interference Practice Specialist (IPS) to suggest an interference to the Board.
The MPEP states: “The examiner may invite the applicant to suggest an interference pursuant to 37 CFR 41.202(a). An applicant may be motivated to do so in order to present its views on how the interference should be declared.”
If the applicant doesn’t suggest an interference, “the examiner should work with an Interference Practice Specialist (IPS) to suggest an interference to the Board.”
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.04(A) - Interfering Claim Already In Application,
Patent Law,
Patent Procedure