How can an applicant suggest an interference with another application or patent?

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.

An applicant, including a reissue applicant, can suggest an interference with another application or patent by providing sufficient information to identify the other application or patent. According to 37 CFR 41.202(a)(1), the suggestion must:

“Provide sufficient information to identify the application or patent with which the applicant seeks an interference”

Typically, this involves providing the application serial number or patent number of the application or patent with which the applicant seeks an interference. This information is usually sufficient to meet the identification requirement.