Who can suggest an interference in the patent examination process?
According to MPEP 2304, an interference can be suggested by either an applicant or an examiner. Specifically, the MPEP states: “The suggestion for an interference may come from an applicant or from an examiner.” This means that both parties involved in the patent application process have the ability to initiate the interference procedure if they…
Read MoreWhat determines the requirements for declaring an interference?
The requirements for declaring an interference depend on who suggests it. As stated in MPEP 2304: “Who suggests the interference determines what must be done and shown prior to declaration of an interference.” This means that the process and evidence required to declare an interference may differ based on whether it was suggested by an…
Read MoreWhat is the Patent Trial and Appeal Board’s role in patent interferences?
The Patent Trial and Appeal Board (PTAB) plays a significant role in patent interferences. According to MPEP 2304, after an Interference Practice Specialist (IPS) reviews a suggested interference, they may refer it to the Board: “…the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.”…
Read More