What is the process for suggesting an interference in a patent application?
The process for suggesting an interference in a patent application involves the following steps: The applicant must file a suggestion of interference that complies with 37 CFR 41.202(a). The suggestion must be filed within the time specified in 37 CFR 41.202(c). The applicant must identify all claims the applicant believes interfere, propose one or more…
Read MoreWhat is the role of an examiner in reviewing a suggestion of interference?
An examiner’s role in reviewing a suggestion of interference is primarily focused on specific circumstances, particularly when dealing with rejections under pre-AIA 35 U.S.C. 102(a) or 102(e). The MPEP states: “If an application claim is subject to a rejection under pre-AIA 35 U.S.C. 102(a) or 102(e) and the applicant files a suggestion under 37 CFR…
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