Can a single count in an interference involve multiple claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a single count in an interference can involve multiple claims. The MPEP 2304.02(b) clarifies this point:

“When a count encompasses separate patentable inventions, the examiner should suggest multiple counts.”

However, this statement implies that a single count can indeed encompass multiple claims as long as they define the same patentable invention. The examiner’s role is to ensure that each count accurately represents a distinct patentable invention, and if necessary, suggest multiple counts to properly define separate inventions.