When should an interference be suggested during patent examination?
An interference should rarely be suggested until examination is completed on all other issues. According to MPEP 2303, “Each pending claim must be allowed, finally rejected, or canceled. Any appeal from a final rejection must be completed, including any judicial review. Any petition must be decided.” This means that examiners should resolve all other patentability…
Read MoreHow does restriction practice apply to potential interferences?
Restriction practice in the context of potential interferences is addressed in MPEP 2303. The section states: “Potential interferences present an additional situation in which a restriction requirement may be appropriate. Specifically, restriction of interfering claims from non-interfering claims, or from unpatentable claims whose further prosecution would unduly delay initiation of an interference, can be an…
Read MoreHow are reissue applications treated in the context of interferences?
MPEP 2303 discusses the treatment of reissue applications in interferences: “Applicants sometimes, however, file reissue applications to amend patent claims in response to events occurring in the interference. To maintain parity with other applicants, the Board does not permit reissue applicants to add claims that would not correspond to a count.“ This policy, based on…
Read MoreWhat happens to an application after termination of an interference?
After the termination of an interference, the application undergoes specific procedures. According to MPEP 2303: “When an interference is terminated, the application returns to ex parte prosecution. The application is returned to the examiner who may need to take further action in the application.” This means that: The application resumes normal ex parte prosecution The…
Read MoreHow are patent term adjustments affected by interferences?
Patent term adjustments related to interferences are addressed in MPEP 2303. The section states: “Patent term adjustments may be available for patents whose issuance has been delayed for an interference. See pre-AIA 35 U.S.C. 154(b)(1)(C)(i).“ This means that if a patent’s issuance is delayed due to an interference proceeding, the patentee may be eligible for…
Read MoreWhat are the key requirements for completing examination before initiating an interference?
According to MPEP 2303, before initiating an interference, the following requirements must be met: All pending claims must be allowed, finally rejected, or canceled. Any appeals from final rejections must be completed, including judicial review. All petitions must be decided. Additionally, the section emphasizes that “Two grounds of unpatentability receive particularly close scrutiny before an…
Read MoreHow are non-interfering claims handled in applications going into interference?
MPEP 2303 addresses the handling of non-interfering claims in applications going into interference: “Leaving a non-interfering claim in an application going into an interference creates an unwarranted delay in the issuance of claims to the non-interfering subject matter. As far as the public and the Office are concerned, there is no justification for not issuing…
Read MoreCan an examiner make a final rejection during an interference?
Yes, an examiner can make a final rejection during an interference, but there are specific guidelines to follow. According to MPEP 2303: “A rejection of claims in an application subject to an interference may be made final, but the finality of the rejection is limited in the same manner as for any application subject to…
Read More