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2307.06 Presentation of Claims for Interference with a Patent, Patentee Must Be Notified - 2300 Interference Proceedings
2307.06 Presentation of Claims for Interference with a Patent, Patentee Must Be Notified
When an applicant seeks to provoke an interference with a patent, 37 CFR 1.607(d) requires that the patentee be notified (1) when the attempt to provoke the interference is first made, and (2) if an interference is not declared, of the final decision not to declare an interference.
This rule provides a patentee with notice as soon as an applicant attempts to provoke an interference with the patent so that the patentee can preserve the invention records from the moment the notice is received until the time, in some instances many years later, when the interference is ultimately declared between the patentee and the applicant.
Form paragraphs 23.20 and 23.21 should be used to notify the patentee.
¶ 23.20 Notice to Patentee, Interference Sought
[USPTO Letterhead]
[1]
You are hereby notified under 37 CFR 1.607(d) that an applicant is seeking to provoke an interference with your U. S. Patent No. [2].
The identity of the applicant will not be disclosed unless an interference is declared.
If a final decision is made not to declare an interference, a notice to that effect will be placed in the patent file and will be sent to the patentee.
If an interference is declared, notice thereof will be made under 37 CFR 1.611.
______________________
[3]
Primary Examiner
Art Unit [4]
(703) [5]
Examiner Note
1. This form paragraph is printed with the USPTO Letterhead.
2. In bracket 1, insert the mailing address of the patentee.
3. In bracket 3, insert the name of the Primary Examiner.
¶ 23.21 Notice to Patentee, Interference Not Declared
[USPTO Letterhead]
[1]
Notice was communicated to you under 37 CFR 1.607(d) on [2] that an applicant was seeking to provoke an interference with your U.S. Patent No. [3].
A final determination of this issue has resulted in a decision not to declare an interference.
No inquiries regarding the identity of the applicant will be entertained.
______________________
[4]
Primary Examiner
Art Unit [5]
(703) [6]
Examiner Note
1. This form paragraph is printed with the USPTO Letterhead.
2. In bracket 1, insert the mailing address of the patentee.
3. In bracket 2, insert the date of mailing of the earlier notice that claims had been copied from that patent.
4. In bracket 4, insert the name of the Primary Examiner.
It is anticipated that patentees may make inquiries as to the status of the application after the first notification has been received. Since the Techonology Center (TC) having responsibility for the application will be indicated on the letter and the letter will not contain any information pertaining to that application, it will be necessary for each TC to establish and maintain some type of permanent record. The type of permanent record is left to the discretion of the TC Director. This permanent record must be independent of the application file and the patented file in order to provide adequate information for patentee inquiries relative to nonreceipt of either a second notice or a notice of declaration of interference either before or after either is mailed from the United States Patent and Trademark Office. Additionally, the permanent record must associate the appropriate patent number and the application number. This record could be a separate TC file for 37 CFR 1.607(d) notices sent to patentees having appropriate identification of the patent and application.
In summary, a 37 CFR 1.607(d) notice (Form Paragraph 23.20) is prepared by a person in the TC having jurisdiction over the application attempting to provoke an interference with a patent. The original is placed of record in the patented file, one copy is sent to the patentee, and an entry is made in the permanent TC record for 37 CFR 1.607(d) notices.
If a final decision is made that no interference will be declared, a primary examiner will prepare and sign a 37 CFR 1.607(d) notice (Form Paragraph 23.21). The original of this notice is entered of record in the patented file, one copy is sent to the patentee, and another entry is made in the permanent record for 37 CFR 1.607(d) notices. If an interference is to be instituted, the declaration of interference notice will be sent by an administrative patent judge and no additional form will be sent by the examiner.
Although the permanent record for 37 CFR 1.607(d) notices includes identification both of the patent and application, the patentee cannot and should not be given any information concerning the party or application attempting to provoke an interference unless and until an interference is declared. 35 U.S.C. 122.
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