What is the role of Form PTO-850 in suggesting an interference?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Form PTO-850 plays a crucial role in the process of suggesting an interference to the Board. The MPEP states:

The referral must include a completed Form PTO-850, which either an IPS or a Director of the examiner’s TC must sign.

This form serves as an official document for referring a suggested interference to the Board. It requires the signature of either an Interference Practice Specialist (IPS) or a Technology Center (TC) Director, ensuring that the suggestion has been reviewed and approved by a senior official with expertise in interference matters before it is sent to the Board for consideration.

Topics: MPEP 2300 - Interference And Derivation Proceedings MPEP 2302 - Consult An Interference Practice Specialist Patent Law Patent Procedure
Tags: Aia Practice, Contested Case Jurisdiction, Interference Proceedings, Interference With Patent, notice of allowance