2304.04 Examiner Suggestion [R-08.2012]

Created On
byChhabra Law Firm

37 CFR 41.202  Suggesting an interference.

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  • (c) Examiner. An examiner may require an applicant to add a claim to provoke an interference. Failure to satisfy the requirement within a period (not less than one month) the examiner sets will operate as a concession of priority for the subject matter of the claim. If the interference would be with a patent, the applicant must also comply with paragraphs (a)(2) through (a)(6) of this section. The claim the examiner proposes to have added must, apart from the question of priority under 35 U.S.C. 102(g):
    • (1) Be patentable to the applicant, and
    • (2) Be drawn to patentable subject matter claimed by another applicant or patentee.

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