What can an applicant do if they only have indirect evidence of an interfering application?
If an applicant only has indirect evidence of an interfering application, they can still attempt to identify it for interference purposes. The MPEP 2304.02(a) provides guidance on this situation: “Occasionally, an applicant will believe another interfering application exists based only on indirect evidence, for instance through a journal article, a ‘patent pending’ notice, or a…
Read MoreHow long does a provisional patent application last?
A provisional patent application has a limited lifespan. According to MPEP 201.04: “A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter.” This 12-month period provides inventors with a year of ‘patent pending’ status to further develop their…
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