Can 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 limited extent, alert an examiner to potentially interfering claims in an application under 37 CFR 1.291.
The MPEP states: “A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application.“
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.03 - Patentee Suggestion,
Patent Law,
Patent Procedure