MPEP § 2304 — Suggesting an Interference (Annotated Rules)

§2304 Suggesting an Interference

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

This page consolidates and annotates all enforceable requirements under MPEP § 2304, 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.

Suggesting an Interference

This section addresses Suggesting an Interference. Contains: 2 requirements and 1 permission.

Key Rules

Topic

PTAB Jurisdiction

3 rules
MPEP GuidancePermittedAlways
[mpep-2304-0dd15df9b8f4deccc7a15a13]
Interference Suggestion Can Come From Applicant Or Examiner
Note:
An interference suggestion can be made by either the applicant or examiner, and who makes the suggestion determines what must be shown before an interference is declared.

The suggestion for an interference may come from an applicant or from an examiner. Who suggests the interference determines what must be done and shown prior to declaration of an interference. In either circumstance, the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
MPEP GuidanceRequiredAlways
[mpep-2304-d24e2d7eabe9e4719856f326]
Who Suggests Interference Determines Pre-Interference Actions
Note:
The party suggesting an interference determines what must be shown and done before the declaration of an interference, whether by an applicant or examiner.

The suggestion for an interference may come from an applicant or from an examiner. Who suggests the interference determines what must be done and shown prior to declaration of an interference. In either circumstance, the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
MPEP GuidanceRequiredAlways
[mpep-2304-d0336510ac3546fdf073e132]
Consult IPS Before Declaring Interference
Note:
An examiner must consult with an Interference Practice Specialist before suggesting an interference, which may then be referred to the Board.

The suggestion for an interference may come from an applicant or from an examiner. Who suggests the interference determines what must be done and shown prior to declaration of an interference. In either circumstance, the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB

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