What determines the requirements for declaring an interference?

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.

The requirements for declaring an interference depend on who suggests it. As stated in MPEP 2304:

“Who suggests the interference determines what must be done and shown prior to declaration of an interference.”

This means that the process and evidence required to declare an interference may differ based on whether it was suggested by an applicant or an examiner. The specific requirements for each scenario are detailed in subsequent sections of the MPEP and may involve different levels of proof or documentation.