What are stand-by claims in an interference proceeding?
Stand-by claims in an interference proceeding are claims that have been designated as not corresponding to the count. According to MPEP 2304.01(d):
“Claims designated as not corresponding to the count are treated as stand-by claims.”
Stand-by claims are not actively involved in the interference but are kept in reserve. They may become relevant if:
- The scope of the interference changes
- The corresponding claims are found unpatentable
- The interference is dissolved
The administrative patent judge (APJ) determines which claims are designated as stand-by during the claim sorting process. These claims remain in the application but are not directly addressed in the interference proceeding unless circumstances change.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(D) - Sorting Claims,
Patent Law,
Patent Procedure