How are reissue applications treated in the context of interferences?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. MPEP 2303 discusses the treatment of reissue applications in interferences: “ Applicants sometimes, however, file reissue applications to amend patent claims in response to events occurring in the interference. To maintain parity with other applicants, the Board does not permit reissue applicants to add claims that would not correspond to a count. “ This policy, based on the Winter v. Fujita case, ensures that reissue applicants don’t gain an unfair advantage in interference proceedings. The examiner doesn’t need to restrict non-interfering claims in reissue applications, as the burden is on the reissue applicant to comply with this rule. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Need Not Restrict Non-Interfering Claims in Reissue MPEP 2303 Reissue Applicants Cannot Add Non-Interfering Claims MPEP 2303 Reissue Applicants May Amend Claims After Interference MPEP 2303 Reissue Applicants Cannot Add Non-Corresponding Claims MPEP 2303 Multiple Reissue Applications for Same Patent MPEP 2303 Permitted Restriction Requirement for Interfering Claims MPEP 2303 Permitted Reissue Applications Not Subject to Patent Term Adjustments MPEP 2303 Restriction of Interfering Claims Is Permitted MPEP 2303 Permitted Non-interfering claims must be promptly issued MPEP 2303 Delay Issuance of Non-Interfering Claims During Interference MPEP 2303 Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a rejection in an interference? Can an examiner make a final rejection during an interference? How does an examiner handle allowable claims in an interference? How are non-interfering claims handled in applications going into interference? What are ...