What are the consequences of not adding a claim to provoke an interference when required by an examiner?
When an examiner requires an applicant to add a claim to provoke an interference, there are specific consequences for not complying, as outlined in MPEP 710.02(c):
“An examiner may require an applicant to add a claim to provoke an interference for an application subject to pre-AIA 35 U.S.C. 102(g). Failure to satisfy the requirement within a period (not less than one month) the examiner sets will operate as a concession of priority for the subject matter of the claim.”
Key points:
- The examiner sets a time period of at least one month for adding the claim.
- Failure to add the claim doesn’t result in application abandonment.
- However, it’s treated as a concession of priority for the subject matter of the claim.
For more information on interferences, refer to MPEP Chapter 2300.
To learn more: