What happens to added or amended claims during an interference?
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).
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.02 - Added Or Amended Claims,
Patent Law,
Patent Procedure