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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.