What is the significance of application and patent dates in interference searches?

Application and patent dates are not limiting factors in interference searches. According to MPEP 2304.01(a):

“The search should be directed to all subject matter encompassed by the claims, whether or not the claims are limited by an application or patent date.”

This means that:

  • Examiners must search for potentially interfering subject matter regardless of filing dates
  • Older applications or patents can still be relevant to an interference search
  • The focus is on the subject matter of the claims, not the temporal aspects of the applications or patents

This approach ensures a comprehensive search that identifies all potential conflicts, regardless of when the applications were filed or patents were issued.

To learn more:

Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2304.01(A) - Interference Search, Patent Law, Patent Procedure
Tags: Application Dates, interference search, Patent Dates, Search Criteria