Can interfering subject matter exist between a patent application and an issued patent?
Yes, interfering subject matter can exist between a patent application and an issued patent. The MPEP 2301.03 clearly states:
Interfering subject matter may exist between two applications or between one or more applications and one or more patents.
This means that the USPTO can identify interfering subject matter in the following scenarios:
- Between two pending patent applications
- Between a pending patent application and an already issued patent
- Between multiple pending applications and issued patents
When interfering subject matter is identified between an application and an issued patent, it may lead to an interference proceeding to determine which party has the right to the patent for the invention in question.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301.03 - Interfering Subject Matter,
Patent Law,
Patent Procedure