What should examiners consider when performing an interference search for applications with different effective filing dates?
Patent examiners must be particularly careful when conducting interference searches for applications that may have claims with different effective filing dates. The MPEP 2304.01(a) provides guidance on this matter:
“Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search.”
This means that examiners must consider the possibility of interfering subject matter based on multiple dates, which may affect the scope of prior art and potential interferences.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(A) - Interference Search,
Patent Law,
Patent Procedure