What is the time frame for adding a required claim for interference?
When an examiner requires an applicant to add a claim for interference, there is a specific time frame that must be followed. According to 37 CFR 41.202(c):
“Failure to satisfy the requirement within a period (not less than one month) the examiner sets will operate as a concession of priority for the subject matter of the claim.”
The MPEP provides further details in the form paragraph 23.04, which states:
“Applicant is given TWO (2) MONTHS from the mailing date of this communication to add the claim. […] EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER 37 CFR 1.136(a) but in no case can any extension carry the date for reply to this letter beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133).”
Therefore, applicants typically have 2 months to respond, with possible extensions up to 6 months from the mailing date of the requirement.
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