How can a patentee become eligible to suggest an interference?
A patentee can become eligible to suggest an interference by filing a reissue application. This process effectively transforms the patentee into an applicant, granting them the ability to suggest an interference. As stated in MPEP 2304.03: “A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application.” The steps…
Read MoreCan a patentee suggest an interference?
No, a patentee cannot directly suggest an interference. According to MPEP 2304.03, “A patentee cannot suggest an interference under this section“. However, there are limited options available to patentees: A patentee may file a reissue application to become an applicant, which would then allow them to suggest an interference. Alternatively, a patentee may, to a…
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