What evidence is required when suggesting an interference in a patent application?
When suggesting an interference in a patent application, the applicant must provide specific evidence to support their claim. According to MPEP 2304.02, the required evidence includes:
- A claim chart comparing at least one claim from the application to the proposed count(s).
- A detailed explanation of why the applicant will prevail on priority.
- Copies of the suggested claim(s) for interference.
- Copies of supporting evidence, including affidavits or declarations.
The MPEP states:
“The applicant must provide a claim chart showing the correspondence between the claims and the proposed counts. 37 CFR 41.202(a)(3). The applicant must also provide a detailed explanation as to why the applicant will prevail on priority. 37 CFR 41.202(a)(4). The explanation must include a showing of why the applicant’s earliest application provides a constructive reduction to practice of an invention claimed in the count.“
It’s crucial that all evidence is properly documented and submitted according to the requirements to ensure the suggestion of interference is considered.
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