MPEP § 2304.01(a) — Interference Search (Annotated Rules)

§2304.01(a) Interference Search

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

This page consolidates and annotates all enforceable requirements under MPEP § 2304.01(a), 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

Sequence Listing Content

6 rules
MPEP GuidanceRequiredAlways
[mpep-2304-01-a-dbdb6e27321ea61b31552c80]
Interference Search for Broadest Claim
Note:
Examiners must perform an interference search using the most efficient method based on the broadest claim's subject matter in applications ready 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 a 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 and/or amino acids 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 this chapter. 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.

Jump to MPEP SourceSequence Listing ContentSequence Listing FormatSequence Listing Requirements
MPEP GuidanceRequiredAlways
[mpep-2304-01-a-a8d041179a3e144d5b832291]
Interference Search for Nucleotide Sequences Required
Note:
If an application contains claims to nucleotide sequences, the examiner must request a STIC interference search.

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 a 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 and/or amino acids 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 this chapter. 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.

Jump to MPEP SourceSequence Listing ContentSequence Listing FormatSequence Listing Requirements
MPEP GuidanceInformativeAlways
[mpep-2304-01-a-61116b13fc76809627c956cd]
Examiner Reviews Potential Interfering Subject Matter
Note:
If the search results identify any potential interfering subject matter, the examiner must review the application(s) 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 a 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 and/or amino acids 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 this chapter. 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.

Jump to MPEP SourceSequence Listing ContentSequence Listing FormatSequence Listing Requirements
MPEP GuidanceInformativeAlways
[mpep-2304-01-a-3f1ea78d56d70da42e7b3b54]
Examiner Must Review Interference If Sequence Exists
Note:
If an application contains a nucleotide or amino acid sequence, the examiner must review for potential interfering subject matter and follow guidance if it 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 a 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 and/or amino acids 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 this chapter. 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.

Jump to MPEP SourceSequence Listing ContentSequence Listing FormatSequence Listing Requirements
MPEP GuidanceRecommendedAlways
[mpep-2304-01-a-86616bbf9ed86ee51214bc28]
Application Must Be Issued If No Interference
Note:
If an interference search does not identify any potential interfering subject matter, 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 a 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 and/or amino acids 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 this chapter. 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.

Jump to MPEP SourceSequence Listing ContentSequence Listing FormatSequence Listing Requirements
MPEP GuidanceRequiredAlways
[mpep-2304-01-a-b89f7a626d1576e136a71a9e]
Interference Search Must Be Recorded
Note:
An interference search must be conducted and documented in the application file for claims involving nucleotide or amino acid sequences.

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 a 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 and/or amino acids 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 this chapter. 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.

Jump to MPEP SourceSequence Listing ContentSequence Listing FormatSequence Listing Requirements
Topic

Statutory Authority for Examination

3 rules
MPEP GuidanceProhibitedAlways
[mpep-2304-01-a-aa093b9d6c3944e37d2af809]
Search Must Extend Beyond Class
Note:
Examiners must search for interfering applications in all classes, not just the ones where the application is classified.

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. See MPEP § 1302.08. 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 SourceStatutory Authority for ExaminationExamination ProceduresSecrecy Orders
MPEP GuidanceRequiredAlways
[mpep-2304-01-a-ed52126851c9819afb3423ee]
Interference Search for Secrecy Order Applications
Note:
An interference search is required for applications under Secrecy Order reviewed by Licensing and Review.

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. See MPEP § 1302.08. 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 SourceStatutory Authority for ExaminationExamination ProceduresSecrecy Orders
MPEP GuidanceInformativeAlways
[mpep-2304-01-a-056ccd6c94698d9334d8a7ac]
Examiner Must Inspect Pertinent Documents on Request for Licensing and Review
Note:
An examiner must inspect pertinent prints, drawings, brief cards, and applications upon request when associated with Licensing and Review.

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. See MPEP § 1302.08. 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 SourceStatutory Authority for ExaminationExamination ProceduresAccess to Patent Application Files (MPEP 101-106)

Citations

Primary topicCitation
Statutory Authority for ExaminationMPEP § 1302.08
Sequence Listing ContentMPEP § 2133.01
Sequence Listing ContentMPEP § 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