What is Form Paragraph 23.04 and when is it used in patent examination?

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.

Form Paragraph 23.04 is a standardized text used by patent examiners to require an applicant to add a claim to provoke an interference. According to MPEP 2304.04(b), this form paragraph is used when the examiner determines that a claim from another application or patent needs to be added to the current application for the purpose of interference proceedings.

The form paragraph includes:

• The source of the claim to be added (published application or patent number)
• The exact text of the claim to be added
• A two-month time limit for adding the claim
• Information about the consequences of refusing to add the claim
• Information about possible extensions of time

The MPEP states:

“Form paragraph 23.04 may be used to require applicant to add a claim to provoke interference.”

This form paragraph ensures that applicants receive clear and consistent instructions when they are required to add a claim for interference purposes, helping to standardize the process across different patent applications.