What is a “threshold issue” in patent interference proceedings?
A threshold issue in patent interference proceedings is a critical concept defined in 37 CFR 41.201. The MPEP states:
“Threshold issue means an issue that, if resolved in favor of the movant, would deprive the opponent of standing in the interference.”
One important threshold issue specifically mentioned is:
“Unpatentability for lack of written description under 35 U.S.C. 112 of an involved application claim where the applicant suggested, or could have suggested, an interference under § 41.202(a).”
This highlights the critical nature of the written description requirement in interference proceedings, as inadequate written description can potentially disqualify a party from the interference entirely.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(D) - Adequate Written Description,
Patent Law,
Patent Procedure