What are the key requirements for completing examination before initiating an interference?
According to MPEP 2303, before initiating an interference, the following requirements must be met:
- All pending claims must be allowed, finally rejected, or canceled.
- Any appeals from final rejections must be completed, including judicial review.
- All petitions must be decided.
Additionally, the section emphasizes that “Two grounds of unpatentability receive particularly close scrutiny before an interference is declared. Enforcement of the written description requirement under 35 U.S.C. 112(a), and the late claiming bars under pre-AIA 35 U.S.C. 135(b) are important to preserve the efficiency and integrity of interferences.“
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2303 - Completion Of Examination,
Patent Law,
Patent Procedure