Can interfering subject matter exist between a patent application and an issued patent?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, interfering subject matter can exist between a patent application and an issued patent. The MPEP 2301.03 clearly states: Interfering subject matter may exist between two applications or between one or more applications and one or more patents. This means that the USPTO can identify interfering subject matter in the following scenarios: Between two pending patent applications Between a pending patent application and an already issued patent Between multiple pending applications and issued patents When interfering subject matter is identified between an application and an issued patent, it may lead to an interference proceeding to determine which party has the right to the patent for the invention in question. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Construal for Interfering Subject Matter MPEP 2301.03 Required Contest Between Application and Patent MPEP 2301 Claim Must Correspond to Count Subject Matter MPEP 2301.03 Interference to Determine Priority MPEP 2301 Examiner Must Consult IPS for Possible Interference MPEP 2301 Claim Anticipation or Obviousness Requires Interference MPEP 2301.03 Claim Correspondence to Count Determined by Anticipation or Obviousness MPEP 2301.03 Application Claim as Prior Art Anticipates Patent Claim MPEP 2301.03 Administrative Patent Judge Declares Interference MPEP 2301 Interfering Claims Require Resolution MPEP 2301.03 Other Related FAQs 5 FAQs Collapse How does claim construction differ in interference proceedings compared to written description evaluations? What is the definition of &#8220;interfering subject matter&#8221; in patent law? How do genus and species claims interact in interference proceedings? What c...