What is the significance of “written description” in interference proceedings?

The “written description” requirement is crucial in interference proceedings as it determines whether an applicant has demonstrated possession of the claimed invention. According to MPEP 2304.02(d), “The purpose of the written description requirement is to ensure that the specification reasonably conveys to those skilled in the art that the inventor had possession of the claimed…

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Why are interferences not declared for applications under secrecy orders?

Interferences are not declared for applications under secrecy orders primarily due to confidentiality concerns. The MPEP 2306 explains: “Once an interference is declared, an opposing party is entitled to access to the application and benefit applications pursuant to 37 CFR 41.109. See MPEP § 2307.02. Consequently, an interference should not be suggested for an application…

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What is an Interference Practice Specialist (IPS) and when should an examiner consult one?

An Interference Practice Specialist (IPS) is an expert in each Technology Center (TC) who must be consulted when suggesting an interference to the Board. Examiners should consult an IPS when they first become aware of a potential interference or when any interference issue arises during prosecution of an application. According to the MPEP, Examiners are…

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When is a priority showing required in patent applications?

A priority showing is required in the following circumstances: When complying with 37 CFR 41.202(a)(2) to suggest an interference To overcome a rejection based on pre-AIA 35 U.S.C. 102(a) or 102(e) when an affidavit is not permitted under 37 CFR 1.131(a)(1) When the examiner requires it due to the application’s earliest constructive reduction-to-practice being later…

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How does the USPTO handle applications not under secrecy orders that interfere with applications under secrecy orders?

The USPTO has a specific procedure for handling applications not under secrecy orders that interfere with applications under secrecy orders. According to MPEP 2306: “If an application not under a secrecy order has allowable claims that interfere with allowable claims of an application that is under a secrecy order, then the application that is not…

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What is a “threshold issue” in patent interference proceedings?

A threshold issue in patent interference proceedings is a critical concept defined in 37 CFR 41.201. The MPEP states: “Threshold issue means an issue that, if resolved in favor of the movant, would deprive the opponent of standing in the interference.” One important threshold issue specifically mentioned is: “Unpatentability for lack of written description under…

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How does an applicant suggest an interference in patent proceedings?

Suggesting an interference in patent proceedings is a specific process outlined in 37 CFR 41.202. An applicant, including a reissue applicant, can suggest an interference with another application or patent. The suggestion must include several elements, but particularly relevant to the written description requirement is: “If a claim has been added or amended to provoke…

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