MPEP 2300

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:

CountInterferencePatent Trial and Appeal Board
Derivation ProceedingsJurisdiction 

37 CFR (Code of Federal Regulations):

37 CFR 41.102Completion of examination.
37 CFR 41.103Jurisdiction over involved files.

35 USC (United States Code):

35 USC 135Interferences.

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