What is an applicant suggestion for interference?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

An applicant suggestion for interference is a process where an applicant, including a reissue applicant, suggests an interference with another application or patent. This is outlined in 37 CFR 41.202, which states:

“An applicant, including a reissue applicant, may suggest an interference with another application or a patent.”

The suggestion must meet specific requirements, including identifying the other application or patent, proposing counts, and explaining priority.

Topics: MPEP 2300 - Interference And Derivation Proceedings MPEP 2304.02 - Applicant Suggestion Patent Law Patent Procedure
Tags: Contested Case Jurisdiction, Declaration Requirements, Interference Declaration, reissue