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2304 Applicant Requests Interference Between Applications - 2300 Interference Proceedings
2304 Applicant Requests Interference Between Applications
37 CFR 1.604 Request for interference between applications by an applicant.
(a) An applicant may seek to have an interference declared with an application of another by,
(1) Suggesting a proposed count and presenting at least one claim corresponding to the proposed count or identifying at least one claim in its application that corresponds to the proposed count,
(2) Identifying the other application and, if known, a claim in the other application which corresponds to the proposed count, and
(3) Explaining why an interference should be declared.
(b) When an applicant presents a claim known to the applicant to define the same patentable invention claimed in a pending application of another, the applicant shall identify that pending application, unless the claim is presented in response to a suggestion by the examiner. The examiner shall notify the Commissioner of any instance where it appears an applicant may have failed to comply with the provisions of this paragraph.
See MPEP § 2309 through § 2309.02 regarding procedures for preparation of interference papers by the examiner. If the applicant presents a new claim to provoke an interference with a published application, the examiner should determine whether the new claim is barred under 35 U.S.C. 135(b)(2). Note the one year from publication date limitation found in 35 U.S.C. 135(b) regarding applications published under 35 U.S.C. 122(b).
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