What is the purpose of an interference search in patent examination?
The purpose of an interference search in patent examination is to identify potentially conflicting applications or patents that could lead to an interference proceeding. According to MPEP 2304.01(a):
“The search should be directed to all subject matter encompassed by the claims, whether or not the claims are limited by an application or patent date.”
This search helps examiners determine if there are any pending applications or issued patents with claims that might interfere with the current application’s claims, ensuring that only one patent is granted for the same invention.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(A) - Interference Search,
Patent Law,
Patent Procedure