How are claims sorted in an interference proceeding?
In an interference proceeding, claims are sorted based on their designated status. The MPEP 2304.01(d) outlines the following sorting criteria: Involved claims are designated as corresponding to a count. Claims designated as not corresponding to a count are treated as stand-by claims. Claims that have been finally refused or canceled are generally excluded from the…
Read MoreWhat is claim sorting in patent interference proceedings?
Claim sorting in patent interference proceedings refers to the process of organizing and consolidating claims from multiple related applications to streamline the examination process and manage potential interferences. The Manual of Patent Examining Procedure (MPEP) Section 2304.01(d) states: “If an applicant has several related applications with interfering claims intermixed with claims that do not interfere,…
Read MoreHow does claim sorting affect patent term adjustment?
Claim sorting can have a significant impact on patent term adjustment (PTA). The MPEP 2304.01(d) indicates: “An applicant may be entitled to a day-for-day patent term adjustment for any time spent in an interference.” By sorting claims and potentially avoiding or streamlining interference proceedings, applicants may minimize delays in patent examination. This can affect the…
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