What is the legal basis for using interference testimony to antedate a reference?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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 legal basis for using interference testimony to antedate a reference is rooted in patent law and practice, as documented in the Manual of Patent Examining Procedure (MPEP). Specifically, MPEP 715.07(b) cites a legal precedent: Ex parte Bowyer, 1939 C.D. 5, 42 USPQ 526 (Comm’r Pat. 1939). This case established the practice of using interference testimony in lieu of a 37 CFR 1.131(a) affidavit or declaration to antedate a reference. It’s important to note that this practice is primarily applicable to pre-AIA applications or when overcoming pre-AIA 35 U.S.C. 102(g) rejections in AIA applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 When Affidavits Are Not Allowed to Antedate References MPEP 715 Prohibited Requirement for Interference Testimony MPEP 715.07(b) Requirement Not Applicable to First Inventor to File Provisions MPEP 715 Section 102(g) Rejection as of March 15, 2013 MPEP 715 Effective Date for Swearing Behind a Reference Must Be Known Date MPEP 715 Other Related FAQs 5 FAQs Collapse What should be highlighted when using interference testimony to antedate a reference? Can interference testimony be used to antedate a reference? Is MPEP 715.07(b) applicable to applications subject to the AIA first inventor to file...