What is Form Paragraph 23.04 and when is it used in patent examination?

Form Paragraph 23.04 is a standardized text used by patent examiners to require an applicant to add a claim to provoke an interference. According to MPEP 2304.04(b), this form paragraph is used when the examiner determines that a claim from another application or patent needs to be added to the current application for the purpose of interference proceedings.

The form paragraph includes:

• The source of the claim to be added (published application or patent number)
• The exact text of the claim to be added
• A two-month time limit for adding the claim
• Information about the consequences of refusing to add the claim
• Information about possible extensions of time

The MPEP states:

“Form paragraph 23.04 may be used to require applicant to add a claim to provoke interference.”

This form paragraph ensures that applicants receive clear and consistent instructions when they are required to add a claim for interference purposes, helping to standardize the process across different patent applications.

To learn more:

• Interference
• Patent Claims
• USPTO Procedures
• Patent Examination
• Form Paragraphs