When should an interference be suggested during patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 should rarely be suggested until examination is completed on all other issues. According to MPEP 2303 , “ Each pending claim must be allowed, finally rejected, or canceled. Any appeal from a final rejection must be completed, including any judicial review. Any petition must be decided. ” This means that examiners should resolve all other patentability issues before considering an interference. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Any Petition Must Be Decided MPEP 2303 Required Appeal From Final Rejection Must Be Completed Including Judicial Review MPEP 2303 Required Pending Claims Must Be Allowed, Rejected, or Cancelled MPEP 2303 Required Interference Should Be Suggested Only After Exhausting Other Issues MPEP 2303 Recommended Genus Claim Must Be Resolved Before Interference Declaration MPEP 2303 Claim Must Be Involved in Contested Case MPEP 2303 Premature Interference Request Not Allowed Before Examination Completion MPEP 2303 Permitted Interference Declaration for Genus and Species Claims MPEP 2303 Interference Not Declared If Genus Claim Allowed MPEP 2303 Examination and Claim Requirements Before Contested Case Initiation MPEP 2303 Permitted Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to respond to a rejection in an interference? Can an examiner make a final rejection during an interference? How does an examiner handle allowable claims in an interference? How are non-interfering claims handled in applications going into interference? What are the key requirements for completing examination before initiating an interference?