What is the examiner’s role in patent interference proceedings?

The examiner’s role in patent interference proceedings is primarily to verify that the formal requirements for suggesting an interference are met, rather than to agree or disagree with the suggestion itself. According to MPEP 2304.02(b): “The examiner need not agree with the applicant’s suggestion. The examiner’s role is to confirm that there are otherwise patentable…

Read More

What is the role of the examiner in reviewing an interference suggestion?

The examiner’s role in reviewing an interference suggestion is primarily to check for formal sufficiency and to confirm the existence of patentable interfering claims. According to MPEP § 2304.02: “The examiner must review the suggestion for formal sufficiency. As explained in MPEP § 2304.02(c), the examiner is generally not responsible for determining the substantive adequacy…

Read More

What is the role of an examiner in formulating counts for an interference?

An examiner plays a crucial role in formulating counts for an interference. According to MPEP 2304.02(b), the examiner’s responsibilities include: Defining the interfering subject matter through the count Ensuring that the count encompasses all claims corresponding to the interfering subject matter Suggesting multiple counts when separate patentable inventions are involved The MPEP states: “When a…

Read More