When should an interference be suggested during patent examination?
An interference should rarely be suggested until examination is completed on all other issues. According to MPEP 2303, “Each pending claim must be allowed, finally rejected, or canceled. Any appeal from a final rejection must be completed, including any judicial review. Any petition must be decided.” This means that examiners should resolve all other patentability issues before considering an interference.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2303 - Completion Of Examination,
Patent Law,
Patent Procedure