What is “patentably indistinct subject matter” in the context of patent interferences?
“Patentably indistinct subject matter” refers to inventions or claims that are not substantially different from each other in terms of patentability. In the context of patent interferences, this concept is crucial. The MPEP 2308.03(c) states:
“No second interference should occur between the same parties on patentably indistinct subject matter.”
This means that if two parties have already gone through an interference proceeding for a particular invention, they cannot have another interference for substantially similar inventions. The USPTO aims to prevent redundant proceedings and ensure that once a matter has been decided, it is not relitigated under a slightly different guise.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.03(C) - No Second Interference,
Patent Law,
Patent Procedure