What is the examiner’s role in patent interference proceedings?
The examiner’s role in patent interference proceedings is primarily to verify that the formal requirements for suggesting an interference are met, rather than to agree or disagree with the suggestion itself. According to MPEP 2304.02(b):
“The examiner need not agree with the applicant’s suggestion. The examiner’s role is to confirm that there are otherwise patentable interfering claims and that the formalities of 37 CFR 41.202 are met.”
Specifically, the examiner must confirm that:
- At least one patentable count has been identified
- At least one patentable claim from each party for each count has been identified
- A claim chart comparing at least one set of claims for each count has been provided
The examiner’s primary focus is on ensuring that the formal requirements for suggesting an interference are satisfied, rather than evaluating the merits of the interference itself.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(B) - Counts And Corresponding Claims,
Patent Law,
Patent Procedure