What are the general practices for handling potential interferences in patent applications?

The MPEP outlines several general practices for handling potential interferences in patent applications subject to pre-AIA 35 U.S.C. 102(g). These include:

• Practice 1: Consult an Interference Practice Specialist (IPS) when a potential interference is identified.
• Practice 2: When one application is in condition for allowance and another is not, generally allow the first application.
• Practice 3: For applications with filing dates within six months, consider an application versus application interference.
• Practice 4: For applications with filing dates more than six months apart, issue the earlier application and reject the later one.
• Practice 5: Suspension of prosecution pending a possible interference should be rare.

The MPEP emphasizes, In an effort to maximize uniformity, when an examiner first becomes aware that a potential interference exists or any other interference issue arises during prosecution of an application, the examiner should bring the matter to the attention of an IPS in the examiner’s TC.

Brief Period for Second Application to Meet Allowance Conditions MPEP 2302 Permitted
Consultation Before Suspension of Prosecution MPEP 2302 Required
IPS Must Be Consulted for Interference Suggestion to Board MPEP 2302 Required
Interference Practice Specialist Must Consult APJs When Necessary MPEP 2302 Informative
IPS May Arrange APJ Consultation for Interference MPEP 2302 Permitted