What is an interference proceeding in patent law?
An interference proceeding is a contest under pre-AIA 35 U.S.C. 135(a) between an application and either another application or a patent. As stated in the MPEP 2301:
“An interference is declared to assist the Director of the United States Patent and Trademark Office in determining priority, that is, which party first invented the commonly claimed invention within the meaning of pre-AIA 35 U.S.C. 102(g)(1).”
In essence, it’s a legal process to determine which party has the right to a patent when multiple parties claim the same invention.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301 - Interference Proceedings,
Patent Law,
Patent Procedure