What are the consequences of not adding a claim to provoke an interference when required by an examiner?

When an examiner requires an applicant to add a claim to provoke an interference, there are specific consequences for not complying, as outlined in MPEP 710.02(c):

“An examiner may require an applicant to add a claim to provoke an interference for an application subject to pre-AIA 35 U.S.C. 102(g). Failure to satisfy the requirement within a period (not less than one month) the examiner sets will operate as a concession of priority for the subject matter of the claim.”

Key points:

• The examiner sets a time period of at least one month for adding the claim.
• Failure to add the claim doesn’t result in application abandonment.
• However, it’s treated as a concession of priority for the subject matter of the claim.

For more information on interferences, refer to MPEP Chapter 2300.

To learn more:

• interference
• priority claims
• USPTO procedures