How does an examiner determine if suggesting an interference is appropriate?
An examiner determines if suggesting an interference is appropriate by carefully evaluating the claims and prior art. The MPEP 2304 provides guidance:
“The examiner must decide whether a potential interference exists before suggesting an interference.”
To make this decision, the examiner should:
- Analyze the claims: Compare the claims of the application under examination with those of another application or patent.
- Assess patentability: Ensure that the claims being considered for interference are patentable over the prior art.
- Evaluate priority: Consider the effective filing dates and any relevant priority claims.
- Consult MPEP guidelines: Follow the specific procedures outlined in MPEP 2304 for suggesting an interference.
If, after this evaluation, the examiner believes that an interference may be necessary to determine priority, they should proceed with the suggestion process, including obtaining approval from the Technology Center Director.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304 - Suggesting An Interference,
Patent Law,
Patent Procedure