What is the process for a patentee to alert an examiner about potentially interfering claims?

According to MPEP 2304.03, a patentee can alert an examiner about potentially interfering claims in an application, but this process is limited:

“A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application.”

The process involves:

1. Submitting a protest under 37 CFR 1.291.
2. Providing information about the potentially interfering claims.
3. Adhering to the strict requirements and limitations of protest submissions.

It’s important to note that this is not the same as suggesting an interference, and the examiner will independently evaluate the information provided. For more details on this process, refer to MPEP § 1901 on protests.

To learn more:

• patent interference
• patent examination
• protest submission
• interfering claims