How is priority explained in an interference suggestion?

When explaining priority in an interference suggestion, the applicant must provide a detailed explanation as to why they will prevail on priority. This is required by 37 CFR 41.202(a)(4).

According to MPEP § 2304.02(c), if the application has an earlier constructive reduction-to-practice than the apparent earliest of the other application or patent, the applicant may simply explain their entitlement to the earlier date. Otherwise, the applicant must:

• Antedate the earliest constructive reduction-to-practice of the other application or patent
• Demonstrate why the other application or patent is not entitled to its apparent earliest constructive reduction-to-practice
• Provide some other reason why the applicant should be considered the prior inventor

The MPEP notes: “The showing of priority may look similar to showings under 37 CFR 1.130-1.132, although there are differences particularly in the scope of what must be shown.”

To learn more:

• priority
• interference
• constructive reduction-to-practice
• patent application