How extensive should an interference search be in terms of patent classifications?
An interference search should be comprehensive and not limited to the primary classification of the application. The MPEP 2304.01(a) provides clear guidance on the scope of the search: “The search for interfering applications must not be limited to only the classes or subgroups in which the application is classified, but must be extended to all…
Read MoreHow does an examiner determine the scope of an interference search?
An examiner determines the scope of an interference search by considering all subject matter encompassed by the claims, regardless of application or patent dates. The MPEP 2304.01(a) states: “The search should be directed to all subject matter encompassed by the claims, whether or not the claims are limited by an application or patent date.” This…
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