What is an interfering claim in a patent application?
An interfering claim in a patent application refers to a claim that covers the same subject matter as a claim in another application or patent by a different inventor. According to MPEP 2304.04(a), “If the applicant already has a claim to the same subject matter as a claim in the application or patent of another inventor, then there is no need to require the applicant to add a claim to have a basis for an interference.”
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.04(A) - Interfering Claim Already In Application,
Patent Law,
Patent Procedure