What role does the Board of Patent Appeals and Interferences play in interference proceedings?
The Board of Patent Appeals and Interferences plays a crucial role in interference proceedings by determining priority of inventions and questions of patentability. According to 35 U.S.C. 135 (pre-AIA):
“The Board of Patent Appeals and Interferences shall determine questions of priority of the inventions and may determine questions of patentability.”
This means that the Board is responsible for deciding which party invented first and whether the claimed inventions meet the requirements for patentability. Their decisions can significantly impact the outcome of interference proceedings and the granting of patents.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301.01 - Statutory Basis,
Patent Law,
Patent Procedure