How are applications with different filing dates handled in potential interference situations?

The MPEP provides specific guidance for handling applications with different filing dates in potential interference situations:

1. For applications with earliest effective filing dates within six months of each other:

   The MPEP states, When two applications are in condition for allowance and the earliest effective filing dates of the applications are within six months of each other, an application versus application interference may be suggested, provided the applicant with the later filing date makes the showing required by 37 CFR 41.202(d).

2. For applications with earliest effective filing dates more than six months apart:

   According to the MPEP, If the applications are both in condition for allowance and earliest effective filing dates of the applications are not within six months of each other, the application with the earliest effective filing date shall be issued. The application with the later filing date shall be rejected on the basis of the application with the earliest effective filing date.

In both cases, the MPEP emphasizes the importance of considering the filing dates and the condition of the applications for allowance when determining how to proceed with potential interferences.

To learn more:

• Patent Filing Dates
• Interference Proceedings
• Patent Examination
• Application Allowance