Can an examiner require consolidation of interfering 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, an examiner can require consolidation of interfering claims. The MPEP 2304.01(d) states:

“The examiner may require consolidation of such claims into a single application that provides support for the patentably indistinct claims. See 35 U.S.C. 132(a).”

This consolidation is typically done to streamline the examination process and address potential interferences more efficiently. However, it’s important to note that consolidation should only be required when appropriate, ensuring that the consolidated application provides proper support for all claims under 35 U.S.C. 112(a).