Are examiners required to implement recommendations from an interference judgment?

Yes, patent examiners are required to implement recommendations from an interference judgment. The MPEP clearly states: The examiner must enter any recommended rejection, and must maintain the rejection unless the applicant by amendment or submission of new evidence overcomes the rejection to the examiner’s satisfaction.

This means that if the interference judgment includes specific recommendations for rejections or other actions, the examiner is obligated to incorporate these into their examination. However, the applicant still has the opportunity to overcome these rejections through amendments or new evidence.

To learn more:

• interference judgment
• patent examiner
• recommended rejections