What form should an examiner use to require an applicant to add a claim for interference?

When an examiner needs to require an applicant to add a claim for interference, they should use Form Paragraph 23.04. The MPEP provides the specific language for this form paragraph, which includes:

“The following allowable claim from [1] is required to be added for the purpose of an interference: [2]”

The form paragraph also includes important information for the applicant:

• The claim must be copied exactly
• A two-month time period is given to add the claim
• Refusal to add the claim will operate as a concession of priority
• Extensions may be granted under 37 CFR 1.136(a), but cannot exceed six months

If the interference would be with a patent, the examiner must also inform the applicant to comply with 37 CFR 41.202(a)(2) to (a)(6). This form paragraph ensures that the applicant receives clear instructions and understands the consequences of not complying with the requirement.

To learn more:

• Patent Interference
• Form Paragraph
• Claim Addition
• Examiner Requirement