How does MPEP 1308.02 relate to MPEP Chapter 2300?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

MPEP 1308.02 serves as a brief reference point that directs readers to MPEP Chapter 2300 for more detailed information. The section states:

“For the procedure to be followed, see MPEP Chapter 2300.”

This means that while MPEP 1308.02 introduces the concept of withdrawing a patent application from issue due to interference or derivation proceedings, it relies on MPEP Chapter 2300 to provide the comprehensive procedures and guidelines. Chapter 2300 covers interference and derivation proceedings in detail, including the specific steps for withdrawing an application from issue when necessary for these proceedings.

Tags: derivation, interference, mpep cross-references, Patent Procedures