Interferences
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Examination of Applications |
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Interference Proceedings |
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Interviews may consist of personal appearances, telephone conversations, video conferences or even e-mail. This section covers general policies on interviews including scheduling and conducting an interview.
Interviews that are solely for the purpose of “sounding out” the examiner, as by a local attorney acting for an out-of-town attorney, should not be permitted when it is apparent that any agreement that would be reached is conditional upon being satisfactory to the principal attorney.
This section covers when interviews may be prohibited or granted along with special situations. For instance, except in unusual situations, no interview is permitted after the submission of an appeal brief or after a notice of allowability for the application has been mailed.
This section discusses details on interviews after a final rejection.
The examination should be completed on all other issues before an interference is called, which means all pending claims must be allowed, finally rejected, or canceled, all petitions must be decided, and all appeals from the final rejection must be completed. Further details on the completion of the examination are discussed in this section.
An interference may be suggested by an applicant or an examiner. This section explains what happens depending on whether an applicant or an examiner calls the interference. It discusses the preliminary activities that need to happen before referring an interference to the Board. For instance, an interference search must be performed on each application in condition for allowance.
In addition, this section covers the difference between the proceedings when an applicant suggests an interference vs. when the examiner suggests an interference. For example, when an applicant suggests an interference, the examiner will need to Review Ed9 10.2019 the suggestion to ensure it meets the requirements. a patentee may not suggest an interference. The only way is for the patentee to become an applicant by filing a reissue application. Further details for suggesting an interference are covered in this section.
An interference will not be declared involving a national application under secrecy order. When the secrecy order expires, the interference may then be called.
If an application under secrecy order has claims that interfere with an application not under secrecy order, then the application not under secrecy order should be allowed. An interference may be suggested with the application under secrecy order once the secrecy order has been lifted.
This section covers the action during an interference. The Board of Patent Appeals and Interferences always has jurisdiction over a patent or an application that is involved in an interference. The Board will have jurisdiction until the interference is terminated.