How does an examiner suggest an interference when an interfering claim already exists in an application?

When an interfering claim already exists in an application, the process for suggesting an interference is different. According to MPEP 2304.04(a):

“If the applicant already has a claim to the same subject matter as a claim in the application or patent of another inventor, then there is no need to require the applicant to add a claim to have a basis for an interference.”

In this case, the examiner may:

  • Invite the applicant to suggest an interference pursuant to 37 CFR 41.202(a)
  • Work with an Interference Practice Specialist (IPS) to suggest an interference to the Board if the applicant does not suggest one

The examiner must explain why at least one claim of every application or patent defines the same invention within the meaning of 37 CFR 41.203(a). The examiner may also need to participate in a conference with the Board to discuss the suggested interference.

To learn more:

Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2304.04 - Examiner Suggestion, Patent Law, Patent Procedure
Tags: Examiner Suggestion, Existing Claim, Interference Practice Specialist, Patent Interference