What is the role of an examiner in formulating counts for an interference?

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.

An examiner plays a crucial role in formulating counts for an interference. According to MPEP 2304.02(b), the examiner’s responsibilities include:

• Defining the interfering subject matter through the count
• Ensuring that the count encompasses all claims corresponding to the interfering subject matter
• Suggesting multiple counts when separate patentable inventions are involved

The MPEP states:

“When a count encompasses separate patentable inventions, the examiner should suggest multiple counts. An examiner may wish to consult with an Interference Practice Specialist (IPS) in formulating a count.”

This guidance emphasizes the examiner’s role in accurately defining the scope of the interference and ensuring that all relevant inventive aspects are properly addressed in the proceedings.