How does failing to present claims for interference affect a patent application?
Failing to present claims for interference can have serious consequences for a patent application. According to MPEP 2304.04(c):
“Failure to present claims and/or take necessary steps for interference purposes after notification that interfering subject matter is claimed constitutes a disclaimer of the subject matter. This amounts to a concession that, as a matter of law, the patentee is the first inventor in this country.”
This means that if an applicant fails to present claims or take necessary steps for interference after being notified, they are essentially giving up their claim to be the first inventor. This can result in a rejection of the claims and a loss of patent rights for that subject matter.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.04(C) - Rejections Based On Disclaimer,
Patent Law,
Patent Procedure