What is the role of an Interference Practice Specialist (IPS) in post-interference examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Two Types of Interference Estoppel Prohibited MPEP 2308.03 IPS Consultation Before Allowing Claim Amendments for Losing Party MPEP 2308.03 Recommended Claim Rejected Due to Procedural Estoppel MPEP 2308.03 Recommended Losing Party Barred from Anticipating Lost Claim MPEP 2308.03 Procedural Estoppel Does Not Apply If Board Prevented Relief During Interference MPEP 2308.03 Claim Rejection Due to Procedural Estoppel MPEP 2308.03 Required Losing Party Prohibited from Seeking Examiner Relief Not Sought in Interference MPEP 2308.03 Losing Party Cannot Reopen Issues Adjudicated Against Them MPEP 2308 Prohibited Losing Party Cannot Take Inconsistent Action Post-Judgment MPEP 2308 Prohibited Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse Can a losing party in a patent interference pursue claims in a continuing application? How does estoppel on the merits work in patent interference cases? What is interference estoppel in patent...