What determines the requirements for declaring an interference?
The requirements for declaring an interference depend on who suggests it. As stated in MPEP 2304:
“Who suggests the interference determines what must be done and shown prior to declaration of an interference.”
This means that the process and evidence required to declare an interference may differ based on whether it was suggested by an applicant or an examiner. The specific requirements for each scenario are detailed in subsequent sections of the MPEP and may involve different levels of proof or documentation.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304 - Suggesting An Interference,
Patent Law,
Patent Procedure