What is an examiner suggestion in patent interference proceedings?

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 suggestion in patent interference proceedings refers to the examiner’s ability to require an applicant to add a claim to provoke an interference. This is outlined in 37 CFR 41.202(c), which states:

“An examiner may require an applicant to add a claim to provoke an interference. 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.”

The examiner can make this suggestion to obtain a clearer definition of interfering subject matter or to establish whether the applicant will pursue claims to the interfering subject matter.