MPEP 2304.03
Patentee Suggestion

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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2304.03    Patentee Suggestion [R-08.2017]

37 C.F.R. 41.202 Suggesting an interference.

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  • (b) Patentee. A patentee cannot suggest an interference under this section but may, to the extent permitted under § 1.291 of this title, alert the examiner of an application claiming interfering subject matter to the possibility of an interference.

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A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application. A patentee may, however, to the limited extent permitted under 37 CFR 1.291, alert an examiner to the existence of interfering claims in an application. See MPEP §§ 1134 and 1901.