How can a patentee add or amend claims during an interference?

Question

Accepted Answer

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. A patentee can add or amend claims during an interference by filing a reissue application. According to MPEP 2308.02 : “A patentee may file a reissue application in support of a motion to add or amend a claim.” This process allows patentees to modify their claims in response to issues raised during the interference proceeding, potentially strengthening their position or addressing newly discovered prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patentee May File Reissue for Claim Amendments MPEP 2308.02 Permitted Motion to Add or Amend Claim During Interference Allowed MPEP 2308.02 Permitted Examiner Can Reject Amended Claim After Approval MPEP 2308.02 Examiner Must Enter Claim Per Board Decision MPEP 2308.02 Permitted Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required Motion Decision Must Be Recorded Officially MPEP 2308.02 Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Losing Party Cannot Reopen Issues Adjudicated Against Them MPEP 2308 Prohibited Estoppel After Judgment for Properly Decided Issues MPEP 2308 Prohibited Losing Party Cannot Take Inconsistent Action Post-Judgment MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse Can an applicant add or amend claims during an interference proceeding? Can an examiner reject claims authorized by the PTAB during an interference? What happens to added or amended claims during an interference? Who authorizes the entry of added or amended claims during an interference? Can claims be amended after an interference proceeding?