What can an applicant do if they only have indirect evidence of an interfering application?
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.
If an applicant only has indirect evidence of an interfering application, they can still attempt to identify it for interference purposes. The MPEP 2304.02(a) provides guidance on this situation:
“Occasionally, an applicant will believe another interfering application exists based only on indirect evidence, for instance through a journal article, a ‘patent pending’ notice, or a foreign published application. In such cases, information about likely named inventors and likely assignees may lead to the right application.”
In these cases, applicants can provide the following information to help identify the potentially interfering application:
- Names of likely inventors
- Names of likely assignees
- Any other relevant information from the indirect evidence
The applicant should provide as much information as possible to assist the examiner in identifying the potential interfering application.