What is the role of an Interference Practice Specialist (IPS) in post-interference examination?
An Interference Practice Specialist (IPS) plays a crucial role in post-interference examination, particularly when dealing with claims from a losing party. According to MPEP 2308.03:
“The examiner should consult with an Interference Practice Specialist (IPS) before allowing a claim to a losing party that was added or amended during post-interference examination.”
This consultation is important to ensure that the principles of interference estoppel are properly applied. The IPS can help determine whether a claim is barred due to estoppel on the merits or procedural estoppel, and provide guidance on the appropriate action to take regarding the claim.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.03 - Estoppel Within The Office,
Patent Law,
Patent Procedure