How does MPEP 1901.02 address information about potential interferences in protests?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
MPEP 1901.02 specifically mentions that information about potential interferences can be included in a protest. The section states:
“Information which can be relied on in a protest… includes information about other applications or patents which might result in double patenting or a Patent Office interference proceeding.”
This means that if a protestor is aware of other applications or patents that might conflict with the application in question, they can bring this to the attention of the examiner through a protest. This information helps the USPTO avoid issuing patents that might lead to double patenting or interference proceedings later on.