What are the key requirements for completing examination before initiating an interference?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. According to MPEP 2303 , before initiating an interference, the following requirements must be met: All pending claims must be allowed, finally rejected, or canceled. Any appeals from final rejections must be completed, including judicial review. All petitions must be decided. Additionally, the section emphasizes that “ Two grounds of unpatentability receive particularly close scrutiny before an interference is declared. Enforcement of the written description requirement under 35 U.S.C. 112(a), and the late claiming bars under pre-AIA 35 U.S.C. 135(b) are important to preserve the efficiency and integrity of interferences. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pending Claims Must Be Allowed, Rejected, or Cancelled MPEP 2303 Required Appeal From Final Rejection Must Be Completed Including Judicial Review MPEP 2303 Required Close Scrutiny for Unpatentability Grounds Before Interference MPEP 2303 Requirement for Complete Written Description MPEP 2303 Requirement for Complete Written Description MPEP 2303 Any Petition Must Be Decided MPEP 2303 Required Non-interfering claims must be promptly issued MPEP 2303 Interference Declaration for Genus and Species Claims MPEP 2303 Premature Interference Request Not Allowed Before Examination Completion MPEP 2303 Permitted Genus Claim Must Be Resolved Before Interference Declaration MPEP 2303 Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a rejection in an interference? Can an examiner make a final rejection during an interference? How does an examiner handle allowable claims in an interference? How are non-interfering claims handled in applications going into interference? How ...