MPEP § 2307.04 — Additional Parties to Interference (Annotated Rules)

§2307.04 Additional Parties to Interference

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

This page consolidates and annotates all enforceable requirements under MPEP § 2307.04, 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.

Additional Parties to Interference

This section addresses Additional Parties to Interference. Contains: 1 guidance statement and 1 permission.

Key Rules

Topic

PTAB Jurisdiction

2 rules
MPEP GuidancePermittedAlways
[mpep-2307-04-b8026d96a360e304ece996cc]
Examiner Must Consult IPS for Same Invention Patents Not Involved in Interference
Note:
If the examiner finds applications or patents claiming the same invention not already involved, they must consult an Interference Practice Specialist and prepare a referral to the Board.

During the course of an interference, the examiner may come across applications or patents of parties that claim the same invention, but are not already involved in the interference. If so, the examiner should consult with an Interference Practice Specialist (IPS) and prepare a referral of the suggested interference to the Board in the same way that a referral is prepared in the first instance.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
MPEP GuidanceRecommendedAlways
[mpep-2307-04-e8d5f7050a2aefd832aa29ee]
Examiner Must Consult IPS for Referral to Board on Additional Parties
Note:
The examiner must consult with an Interference Practice Specialist and prepare a referral of the suggested interference to the Board when encountering applications or patents of parties claiming the same invention during an interference.

During the course of an interference, the examiner may come across applications or patents of parties that claim the same invention, but are not already involved in the interference. If so, the examiner should consult with an Interference Practice Specialist (IPS) and prepare a referral of the suggested interference to the Board in the same way that a referral is prepared in the first instance.

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