What is the role of an Interference Practice Specialist (IPS) in patent interferences?

An Interference Practice Specialist (IPS) plays a crucial role in the interference process. According to MPEP 2304: “In either circumstance, the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.” The IPS serves as an expert consultant for examiners when an interference is suggested. They…

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What are the general practices for handling potential interferences in patent applications?

The MPEP outlines several general practices for handling potential interferences in patent applications subject to pre-AIA 35 U.S.C. 102(g). These include: Practice 1: Consult an Interference Practice Specialist (IPS) when a potential interference is identified. Practice 2: When one application is in condition for allowance and another is not, generally allow the first application. Practice…

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What is Form PTO-850 in patent interference proceedings?

Form PTO-850 is a document that the patent examiner must complete when suggesting an interference to the Board. According to MPEP 2304.04(a), “The examiner must also complete Form PTO-850.” This form likely contains essential information about the suggested interference, including details about the interfering claims and the basis for the interference. To learn more: Form…

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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…

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What are ex parte communications in patent interference proceedings?

Ex parte communications in patent interference proceedings refer to private communications about the case with a Board member or Board employee assigned to the proceeding, without the presence or knowledge of the other party. These communications are strictly prohibited in inter partes proceedings, including interferences. As stated in MPEP 2307.01: “An ex parte communication about…

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