What is an examiner suggestion in patent interference proceedings?

An examiner suggestion in patent interference proceedings refers to the examiner’s ability to require an applicant to add a claim to provoke an interference. This is outlined in 37 CFR 41.202(c), which states:

“An examiner may require an applicant to add a claim to provoke an interference. Failure to satisfy the requirement within a period (not less than one month) the examiner sets will operate as a concession of priority for the subject matter of the claim.”

The examiner can make this suggestion to obtain a clearer definition of interfering subject matter or to establish whether the applicant will pursue claims to the interfering subject matter.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2304.04 - Examiner Suggestion, Patent Law, Patent Procedure
Tags: claim addition, Examiner Suggestion, Patent Interference