MPEP § 2304.03 — Patentee Suggestion (Annotated Rules)
§2304.03 Patentee Suggestion
This page consolidates and annotates all enforceable requirements under MPEP § 2304.03, 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.
Patentee Suggestion
This section addresses Patentee Suggestion. Primary authority: 37 CFR 1.291 and 37 CFR 41.202. Contains: 1 prohibition and 1 permission.
Key Rules
Protest with Applicant Consent
A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application. A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application. See MPEP §§ 1134 and 1901.
Examiner Action on Protest
A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application. A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application. See MPEP §§ 1134 and 1901.
Citations
| Primary topic | Citation |
|---|---|
| Examiner Action on Protest Protest with Applicant Consent | 37 CFR § 1.291 |
| Examiner Action on Protest Protest with Applicant Consent | MPEP § 1134 |
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.
Official MPEP § 2304.03 — Patentee Suggestion
Source: USPTO2304.03 Patentee Suggestion [R-08.2017]
37 CFR 41.202 Suggesting an interference.
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- (b) Patentee. A patentee cannot suggest an interference under this section but may, to the extent permitted under § 1.291 of this title, alert the examiner of an application claiming interfering subject matter to the possibility of an interference.
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A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application. A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application. See MPEP §§ 1134 and 1901.