MPEP Q & A 54: Who Interferences May be Provoked By

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Question:

Who may provoke an interference?

Answer:

Interferences may be provoked by:

  • an examiner
  • an applicant

Chapter Details:

The answer to this question can be found in chapter 2300 of the MPEP. This chapter covers Interference Proceedings.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2304 of the MPEP.  The following is a brief summary of section 2304.

2304 Suggesting an Interference

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 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.

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