Can an applicant suggest an interference for an application under a secrecy order?
Yes, an applicant can suggest an interference for an application under a secrecy order, but the USPTO will not act on it immediately. According to MPEP 2306:
“An applicant whose application is under secrecy order may suggest an interference (§ 41.202(a) of this title), but the Office will not act on the request while the application remains under a secrecy order.”
This means that while the suggestion can be made, the USPTO will defer any action on the interference until the secrecy order is lifted. This policy is in place to maintain the confidentiality of applications under secrecy orders while still allowing applicants to assert their potential interference claims.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2306 - Secrecy Order Cases,
Patent Law,
Patent Procedure