How is a patent interference defined and administered?
Patent interference is a specific type of contested case before the Patent Trial and Appeal Board. The MPEP 2301.02 provides the following definition and administration guidelines:
“A patent interference is a contested case subject to the procedures set forth in subpart D of this part.”
Furthermore, regarding the administration of patent interferences:
“Patent interferences shall be administered such that pendency before the Board is normally no more than two years.”
This means that patent interferences are specific proceedings to determine priority of invention between competing applications or patents, and they are designed to be resolved within a two-year timeframe to ensure efficient resolution of disputes.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301.02 - Definitions,
Patent Law,
Patent Procedure