How does the USPTO determine if subject matter is interfering?
The USPTO determines if subject matter is interfering by examining the claims of different applications or patents. According to MPEP 2301.03:
An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.
To make this determination, examiners compare the claims and assess whether:
- The claims are patentably indistinct from each other
- There is common subject matter between the applications or patents
- The claims would anticipate or render obvious each other if considered as prior art
This process ensures that only one patent is granted for the same inventive concept.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301.03 - Interfering Subject Matter,
Patent Law,
Patent Procedure