What is the process for suggesting an interference in a patent application?

The process for suggesting an interference in a patent application involves the following steps:

• The applicant must file a suggestion of interference that complies with 37 CFR 41.202(a).
• The suggestion must be filed within the time specified in 37 CFR 41.202(c).
• The applicant must identify all claims the applicant believes interfere, propose one or more counts, and show how the claims correspond to the proposed count(s).
• The applicant must provide a claim chart comparing at least one claim to the proposed count(s).
• The applicant must explain in detail why the applicant will prevail on priority.
• The applicant must file a copy of the suggested claim(s) and provide copies of supporting evidence.

As stated in MPEP 2304.02: “An applicant may suggest an interference pursuant to 37 CFR 41.202(a).” The suggestion must comply with all requirements to be considered by the examiner.

To learn more:

• interference
• patent application
• suggestion of interference
• 37 CFR 41.202