How are PCT application files handled in patent interferences?
The MPEP 2304.01(b) provides guidance on handling Patent Cooperation Treaty (PCT) application files in interference proceedings:
“Generally, a separate application file for a Patent Cooperation Treaty (PCT) application is not required for according benefit because the PCT application is included in a national stage application file that is itself either the application involved in the interference or a benefit file.”
However, there are exceptions:
“Occasionally, however, the PCT application file itself is required for benefit. For instance, if benefit is claimed to the PCT application, but not to a national stage application in which it is included, then the PCT application file must be obtained.”
This ensures that all relevant information is available for determining benefit in interference proceedings.
To learn more: