Brief Summary:
An interference is a proceeding that is held before the Patent Trial and Appeal Board to determine who should receive the right to a patent when a pending application claims the same invention as another pending application or an unexpired patent. The PTO will not conduct interferences which only involve issued patents.
Interferences have been phased out by Derivation Proceedings.
However, applications filed before March 16, 2013 are still eligible for interferences.
Key Terms:
| Count | A Count refers to a specific claim or statement of invention used in interference proceedings to determine which party first invented the subject matter in question. |
| Derivation Proceedings | Derivation Proceedings are legal processes used to determine whether an inventor named in an earlier patent application derived the claimed invention from an inventor named in a later application without authorization. |
| Interference | Interference is a proceeding conducted to resolve a dispute between two or more parties claiming the same patentable invention, determining who was the first to invent. |
| Jurisdiction | Jurisdiction refers to the legal authority of a court or administrative body to hear and decide cases related to patent matters within a specific geographic area or over certain types of disputes. |
| Patent Trial and Appeal Board | The Patent Trial and Appeal Board (PTAB) is an administrative body within the U.S. Patent and Trademark Office that conducts trials, including inter partes reviews and post-grant reviews, and hears appeals from adverse examiner decisions in patent applications. |
37 CFR (Code of Federal Regulations):
| 37 CFR 41.102 – Completion of examination. |
| 37 CFR 41.102 states that an application must be complete and ready for appeal before the Board of Patent Appeals and Interferences can consider it, ensuring all examination procedures are finalized. |
| 37 CFR 41.103 – Jurisdiction over involved files. |
| 37 CFR 41.103 establishes that the Board of Patent Appeals and Interferences has jurisdiction over the files of cases it is reviewing, starting from the time an appeal is filed until the appeal process is concluded. |
35 USC (United States Code):
| 35 USC 135 – Interferences. |
| 35 USC 135 addresses interferences, providing a process for resolving disputes when two or more parties claim patent rights to the same invention, and outlines procedures for determining the priority of invention. |
Quick Statistics:
Number of Pages: 29 pgs
Sections: 2301 – 2315
List of Sections:
| 2301 | Interference Proceedings | |
| • 2301.01 Statutory Basis • 2301.02 Definitions • 2301.03 Interfering Subject Matter • 2301.04 Applicability of 35 U.S.C. 102(g) to Applications filed on or after March 16, 2013 | ||
| 2302 | Consult an Interference Practice Specialist | |
| 2303 | Completion of Examination | |
| • 2303.01 Issuance and Suspension • 2303.02 Other Outstanding Issues with Patents | ||
| 2304 | Suggesting an Interference | |
| • 2304.01 [Reserved] | ||
| • 2304.01(a) Interference Search • 2304.01(b) Obtaining Control Over Involved Files • 2304.01(c) Translation of Foreign Benefit Application • 2304.01(d) Sorting Claims | ||
| • 2304.02 Applicant Suggestion | ||
| • 2304.02(a) Identifying the Other Application or Patent • 2304.02(b) Counts and Corresponding Claims • 2304.02(c) Explaining Priority • 2304.02(d) Adequate Written Description | ||
| • 2304.03 Patentee Suggestion • 2304.04 Examiner Suggestion | ||
| • 2304.04(a) Interfering Claim Already in Application • 2304.04(b) Requiring a Claim • 2304.04(c) Rejections Based on Disclaimer | ||
| • 2304.05 Common Ownership | ||
| 2305 | Requiring a Priority Showing | |
| 2306 | Secrecy Order Cases | |
| 2307 | Action During an Interference | |
| • 2307.01 Ex Parte Communications • 2307.02 Access to Related Files • 2307.03 Suspension of Related Examinations • 2307.04 Additional Parties to Interference • 2307.05 Board Action on Related Files • 2307.06 Action at the Board | ||
| 2308 | Action After an Interference | |
| • 2308.01 Final Disposal of Claims • 2308.02 Added or Amended Claims • 2308.03 Estoppel Within the Office | ||
| • 2308.03(a) Losing Party • 2308.03(b) No Interference-in-Fact • 2308.03(c) No Second Interference | ||
| • 2308.04 Office Procedure Following Decision by the U. S. Court of Appeals for the Federal Circuit | ||
| 2309 | National Aeronautics and Space Administration or Department of Energy | |
| 2310 | Derivation Proceedings | |
| • 2310.01 Statutory Basis • 2310.02 Definitions | ||
| 2311 | Consult a Technology Center Practice Specialist | |
| 2312 | Board May Assume Jurisdiction | |
| 2313 | Action Once a Derivation Proceeding is Instituted | |
| 2314 | Action at the Board | |
| 2315 | Action After a Derivation Proceeding is Decided |