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.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.04 - Examiner Suggestion,
Patent Law,
Patent Procedure