What happens to added or amended claims during an interference?

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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. When claims are added or amended during an interference, they are not immediately entered into the application. The MPEP 2308.02 explains: “A copy of the paper adding or amending the claim will be placed in the official record of the application, but not entered. A decision on the motion is entered in the official record of the application.” This means that while the proposed changes are documented, they do not become part of the application until authorized by the Patent Trial and Appeal Board (PTAB). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Can Reject Amended Claim After Approval MPEP 2308.02 Added Claim Not Entered Officially MPEP 2308.02 Patentee May File Reissue for Claim Amendments MPEP 2308.02 Permitted Examiner Must Enter Claim Per Board Decision MPEP 2308.02 Permitted Motion Decision Must Be Recorded Officially MPEP 2308.02 Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required Motion to Add or Amend Claim During Interference Allowed MPEP 2308.02 Permitted PTAB Handles Requests for Interference and Derivation Records MPEP 103 PTAB Members Designated for Interference Proceedings Determining Priority and Patentability MPEP 1002.02(f) Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse Can an applicant add or amend claims during an interference proceeding? Can an examiner reject claims authorized by the PTAB during an interference? How can a patentee add or amend claims during an interference? Who authorizes the entry of added or amended claims during an interference? Can claims be amended after an interference proceeding?