Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

“Patentably indistinct claims” in the context of interfering applications refer to claims from different applications that are substantially similar or overlapping in scope. According to MPEP 2304.01(d):

“Interfering claims of applications with either the same assignee or the same inventive entity are ‘patentably indistinct claims’ within the meaning of 37 CFR 1.78(f).”

These claims are typically subject to consolidation or restriction requirements to streamline the examination process and address potential interferences efficiently.

To learn more: