What are the time limits for adding a required claim for interference?
When an examiner requires an applicant to add a claim for interference purposes using Form Paragraph 23.04, specific time limits apply. According to MPEP 2304.04(b), the standard time limit is two months from the mailing date of the communication requiring the claim.
The form paragraph states:
“Applicant is given TWO (2) MONTHS from the mailing date of this communication to add the claim.”
However, extensions of this time period may be granted under certain circumstances:
- Extensions may be granted under 37 CFR 1.136(a)
- No extension can carry the date for reply beyond the maximum period of SIX MONTHS set by 35 U.S.C. 133
It’s important for applicants to be aware of these time limits and the possibility of extensions to ensure timely compliance with the requirement to add a claim for interference.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.04(B) - Requiring A Claim,
Patent Law,
Patent Procedure