What is the purpose of a count in an interference proceeding?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
The purpose of a count in an interference proceeding is to define the scope of the interfering subject matter between competing parties. According to MPEP 2304.02(b):
“A count defines the interfering subject matter between two or more applications or between one or more applications and one or more patents.”
The count serves as a basis for determining priority of invention and helps focus the proceedings on the specific subject matter in dispute.
Topics:
MPEP 2300 - Interference And Derivation Proceedings
MPEP 2304.02(B) - Counts And Corresponding Claims
Patent Law
Patent Procedure