What is a priority showing in patent interference proceedings?
A priority showing is a requirement under 37 CFR 41.202(d)(1) when an applicant’s earliest constructive reduction to practice is later than that of a patent or published application claiming interfering subject matter. The MPEP states:
“Whenever the application has an earliest constructive reduction-to-practice that is later than the earliest constructive reduction-to-practice of a published application having allowed claims or a patent with which it interferes, the applicant must make a priority showing under 37 CFR 41.202(d)(1).”
This showing is necessary to demonstrate why the applicant would prevail on priority in an interference proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2305 - Requiring A Priority Showing,
Patent Law,
Patent Procedure