How can an applicant suggest an interference with another application or patent?
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.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(A) - Identifying The Other Application Or Patent,
Patent Law,
Patent Procedure