What is the statutory basis for interference proceedings in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 statutory basis for interference proceedings in patent law is primarily found in 35 U.S.C. 135 (pre-AIA) . This statute outlines the process for declaring and conducting interferences. According to the MPEP: “Whenever an application is made for a patent which, in the opinion of the Director, would interfere with any pending application, or with any unexpired patent, an interference may be declared and the Director shall give notice of such declaration to the applicants, or applicant and patentee, as the case may be.” This means that when two or more patent applications or an application and an existing patent appear to claim the same invention, the USPTO can initiate an interference proceeding to determine which party has priority of invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Interference May Be Declared When New Patent Application Interferes With Existing One MPEP 2301.01 Required Contest Between Application and Patent MPEP 2301 Interference to Determine Priority MPEP 2301 Date of Invention Not Establishable from Foreign Use Outside NAFTA/WTO Countries MPEP 2301.01 Prohibited Examiner Must Consult IPS for Possible Interference MPEP 2301 PTAB Members Designated for Interference Proceedings Determining Priority and Patentability MPEP 1002.02(f) PTAB Handles Requests for Interference and Derivation Records MPEP 103 Administrative Patent Judge Declares Interference MPEP 2301 Estoppel After Losing Interference MPEP 2301 Permitted PTAB Determines Priority and Patentability MPEP 2301.01 Required Other Related FAQs 5 FAQs Collapse What role does the Board of Patent Appeals and Interferences play in interference proceedings? What are the consequences...