MPEP § 1302.08 — Interference Search (Annotated Rules)

§1302.08 Interference Search

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1302.08, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Interference Search

This section addresses Interference Search. Contains: 4 requirements, 1 prohibition, 1 guidance statement, and 3 other statements.

Key Rules

Topic
6 rules
MPEP GuidanceRequiredAlways
[mpep-1302-08-0e818160d152a23f5cf7602e]
Interference Search Requirement for Allowable Applications
Note:
Examiners must perform an interference search using the most efficient method based on the broadest claim when an application is in condition for allowance.

When an application is in condition for allowance, an interference search must be made by using the most efficient and effective manner based on the claimed subject matter in the broadest claim (e.g., by performing a text search, or classified search, or a combination of text search and classified search of the "US-PGPUB" database). Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search. If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence. If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300. If there is no interfering subject matter then the examiner should prepare the application for issuance. The interference search must be made of record in the application file. See MPEP § 719.05, subsection III. The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all classes in which it has been necessary to search in the examination of the application.

Jump to MPEP SourceInterference/Derivation Search at AllowanceExaminer's Action at AllowanceAllowance Practice
MPEP GuidanceRequiredAlways
[mpep-1302-08-0c35368758eff2eb2d1ba387]
Interference Search Required for Nucleotide/Peptide Sequences at Allowance
Note:
If an application contains claims directed to nucleotide or peptide sequences, the examiner must request STIC to perform an interference search before allowing the application.

When an application is in condition for allowance, an interference search must be made by using the most efficient and effective manner based on the claimed subject matter in the broadest claim (e.g., by performing a text search, or classified search, or a combination of text search and classified search of the "US-PGPUB" database). Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search. If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence. If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300. If there is no interfering subject matter then the examiner should prepare the application for issuance. The interference search must be made of record in the application file. See MPEP § 719.05, subsection III. The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all classes in which it has been necessary to search in the examination of the application.

Jump to MPEP SourceInterference/Derivation Search at AllowanceSequence Listing ContentSequence Listing Format
MPEP GuidanceInformativeAlways
[mpep-1302-08-d28d7ee3e963864db5769e7c]
Examiner Reviews Potential Interfering Subject Matter
Note:
If an interference search identifies potential interfering subject matter, the examiner must review the applications to determine if interfering subject matter exists.

When an application is in condition for allowance, an interference search must be made by using the most efficient and effective manner based on the claimed subject matter in the broadest claim (e.g., by performing a text search, or classified search, or a combination of text search and classified search of the "US-PGPUB" database). Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search. If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence. If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300. If there is no interfering subject matter then the examiner should prepare the application for issuance. The interference search must be made of record in the application file. See MPEP § 719.05, subsection III. The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all classes in which it has been necessary to search in the examination of the application.

Jump to MPEP SourceInterference/Derivation Search at AllowanceExaminer's Action at AllowanceAllowance Practice
MPEP GuidanceInformativeAlways
[mpep-1302-08-bdcc189bb64e933efef1ba23]
Examiner Follows MPEP Chapter 2300 for Interfering Subject Matter
Note:
If interfering subject matter is found, the examiner must follow guidance in MPEP Chapter 2300 to resolve it.

When an application is in condition for allowance, an interference search must be made by using the most efficient and effective manner based on the claimed subject matter in the broadest claim (e.g., by performing a text search, or classified search, or a combination of text search and classified search of the "US-PGPUB" database). Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search. If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence. If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300. If there is no interfering subject matter then the examiner should prepare the application for issuance. The interference search must be made of record in the application file. See MPEP § 719.05, subsection III. The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all classes in which it has been necessary to search in the examination of the application.

Jump to MPEP SourceInterference/Derivation Search at AllowanceExaminer's Action at AllowanceAllowance Practice
MPEP GuidanceRecommendedAlways
[mpep-1302-08-0deba91840df316d44d20f11]
Examiner Must Issue Application Without Interference
Note:
If no interfering subject matter is found, the examiner should prepare the application for issuance.

When an application is in condition for allowance, an interference search must be made by using the most efficient and effective manner based on the claimed subject matter in the broadest claim (e.g., by performing a text search, or classified search, or a combination of text search and classified search of the "US-PGPUB" database). Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search. If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence. If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300. If there is no interfering subject matter then the examiner should prepare the application for issuance. The interference search must be made of record in the application file. See MPEP § 719.05, subsection III. The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all classes in which it has been necessary to search in the examination of the application.

Jump to MPEP SourceInterference/Derivation Search at AllowanceExaminer's Action at AllowanceAllowance Practice
MPEP GuidanceRequiredAlways
[mpep-1302-08-7f70b00beb13002399c40e83]
Interference Search Must Be Recorded
Note:
Examiners must document an interference search in the application file when an application is in condition for allowance.

When an application is in condition for allowance, an interference search must be made by using the most efficient and effective manner based on the claimed subject matter in the broadest claim (e.g., by performing a text search, or classified search, or a combination of text search and classified search of the "US-PGPUB" database). Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search. If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence. If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300. If there is no interfering subject matter then the examiner should prepare the application for issuance. The interference search must be made of record in the application file. See MPEP § 719.05, subsection III. The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all classes in which it has been necessary to search in the examination of the application.

Jump to MPEP SourceInterference/Derivation Search at AllowanceExaminer's Action at AllowanceAllowance Practice
Topic

Statutory Authority for Examination

1 rules
MPEP GuidanceProhibitedAlways
[mpep-1302-08-1430feb6f9dfe647413c31e3]
Interference Search Must Extend Beyond Application Classes
Note:
Examiners must conduct interference searches beyond the application’s classified classes to ensure all relevant prior art is considered.

When an application is in condition for allowance, an interference search must be made by using the most efficient and effective manner based on the claimed subject matter in the broadest claim (e.g., by performing a text search, or classified search, or a combination of text search and classified search of the "US-PGPUB" database). Examiners are reminded that some applications, such as continuation-in-part applications, may contain claims entitled to different effective filing dates (see MPEP §§ 2133.01 and 2152.01), and that each effective filing date should be considered when performing the interference search. If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence. If the search results identify any potential interfering subject matter, the examiner will review the application(s) with the potential interfering subject matter to determine whether interfering subject matter exists. If interfering subject matter does exist, the examiner will follow the guidance set forth in MPEP Chapter 2300. If there is no interfering subject matter then the examiner should prepare the application for issuance. The interference search must be made of record in the application file. See MPEP § 719.05, subsection III. The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all classes in which it has been necessary to search in the examination of the application.

Jump to MPEP SourceStatutory Authority for ExaminationExamination ProceduresInterference/Derivation Search at Allowance
Topic

Secrecy Orders

1 rules
MPEP GuidanceRequiredAlways
[mpep-1302-08-cf6cfaf0088c7e9839964eca]
Interference Search for Secrecy Order Applications
Note:
An examiner associated with Licensing and Review may require an interference search of applications held under Secrecy Order.

An interference search of those applications held under Secrecy Order, which are reviewed by Licensing and Review, may be required. Inspection of pertinent prints, drawings, brief cards, and applications will be done on request by an examiner associated with Licensing and Review.

Jump to MPEP SourceSecrecy OrdersAccess to Patent Application Files (MPEP 101-106)
Topic

Access to Patent Application Files (MPEP 101-106)

1 rules
MPEP GuidanceInformativeAlways
[mpep-1302-08-310f6ee09991e5217229a3d1]
Examiner May Inspect Pertinent Application Materials
Note:
An examiner associated with Licensing and Review may inspect pertinent prints, drawings, brief cards, and applications upon request.

An interference search of those applications held under Secrecy Order, which are reviewed by Licensing and Review, may be required. Inspection of pertinent prints, drawings, brief cards, and applications will be done on request by an examiner associated with Licensing and Review.

Jump to MPEP SourceAccess to Patent Application Files (MPEP 101-106)Secrecy Orders

Citations

Primary topicCitation
Interference/Derivation Search at Allowance
Statutory Authority for Examination
MPEP § 2133.01
Interference/Derivation Search at Allowance
Statutory Authority for Examination
MPEP § 719.05

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31