What is the purpose of a claim chart in patent interference proceedings?
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.
A claim chart in patent interference proceedings serves as a crucial tool for comparing and analyzing the claims of the parties involved. According to MPEP 2304.02(b), when suggesting an interference, the applicant must:
“For each count, provide a claim chart comparing at least one claim of each party corresponding to the count and show why the claims interfere within the meaning of § 41.203(a).”
The purpose of the claim chart is to:
- Visually represent the correspondence between claims and counts
- Facilitate the comparison of claims from different parties
- Demonstrate how the claims interfere with each other
- Aid the examiner in verifying that the formal requirements for suggesting an interference are met
By providing a clear, side-by-side comparison, the claim chart helps in identifying the interfering subject matter and supports the argument for declaring an interference.