Interference and Derivation Proceedings
Quick Statistics:
Number of Pages: 29 pgs
Sections: 2301 – 2315
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 | Interference | Patent Trial and Appeal Board |
| Derivation Proceedings | Jurisdiction |
37 CFR (Code of Federal Regulations):
| 37 CFR 41.102 | Completion of examination. |
| 37 CFR 41.103 | Jurisdiction over involved files. |
35 USC (United States Code):
| 35 USC 135 | Interferences. |