This page consolidates and annotates all enforceable requirements under MPEP § 2304.04, 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.
Examiner Suggestion
This section addresses Examiner Suggestion.
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 § 2304.04 — Examiner Suggestion
Source: USPTO2304.04 Examiner Suggestion [R-08.2012]
37 CFR 41.202 Suggesting an interference.
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- (c) Examiner. An examiner may require an applicant to add a
claim to provoke an interference. Failure to satisfy the requirement within a
period (not less than one month) the examiner sets will operate as a concession
of priority for the subject matter of the claim. If the interference would be
with a patent, the applicant must also comply with paragraphs (a)(2) through
(a)(6) of this section. The claim the examiner proposes to have added must,
apart from the question of priority under 35 U.S.C. 102(g):
- (1) Be patentable to the applicant, and
- (2) Be drawn to patentable subject matter claimed by another applicant or patentee.
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