What is the policy on issuing patents with allowed claims in relation to potential interferences?
The Manual of Patent Examining Procedure (MPEP) emphasizes the importance of issuing patents with allowed claims to the greatest extent possible, even when potential interferences exist. This is due to the fact that applicants may be eligible for patent term adjustments to offset delays in examination.
As stated in MPEP 2303.01: “Since applicants may be eligible for patent term adjustments to offset delays in examination, pre-AIA 35 U.S.C. 154(b)(1), it is important that suspensions should rarely, if ever, be used and that applications with allowed claims be issued to the greatest extent possible.“
This policy aims to balance the need for prompt issuance of patents with the potential for interferences, ensuring that applicants are not unduly delayed in obtaining patent protection for their inventions.
Suspensions Should Rarely Be Used for Patent Issuance MPEP 2303.01 Recommended
Interference Claim Not Issuable for Pre-AIA Application MPEP 2303.01 Informative
Interference Claim Not Issuable After B Examined MPEP 2303.01 Informative
No Interference Between Two Patents MPEP 2303.01 Prohibited
Interfering Claim from Pre-AIA Application Not Issuable MPEP 2303.01 Recommended