MPEP § 1308.02 — For Interference or Derivation Purposes (Annotated Rules)

This page consolidates and annotates all enforceable requirements under MPEP § 1308.02, 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.

For Interference or Derivation Purposes

This section addresses For Interference or Derivation Purposes.

Key Rules

Permitted Actions (1)

MPEP GuidancePermittedAlways
[mpep-1308-02-9f7b077bbf5e0731562e3b98]
Withdrawal Required for Interference or Derivation
Note:
Cases must be withdrawn if they involve interference or derivation issues.

It may be necessary to withdraw a case from issue for reasons connected with an interference or derivation. For the procedure to be followed, see MPEP Chapter 2300.

Definitions & Scope (1)

MPEP GuidanceInformativeAlways
[mpep-1308-02-bf77de0dc54527e5e08aea16]
Case Withdrawal for Interference Required
Note:
A case must be withdrawn from issue if it involves an interference, and the procedure is outlined in MPEP Chapter 2300.

It may be necessary to withdraw a case from issue for reasons connected with an interference or derivation. For the procedure to be followed, see MPEP Chapter 2300.

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