37 CFR § 41.203 — Declaration. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.203 Declaration.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.203, including 55 rules 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.
Summary
The Declaration is a formal procedural mechanism that allows administrative patent judges to manage and resolve disputes between competing patent applications or claims.
What this section covers
- Outlines the procedural framework for declaring and re-declaring patent interferences under pre-AIA rules.
- Defines the administrative process for resolving potential conflicts between patent claims.
Key obligations
- Ensure declarations accurately represent the potential conflict between patent claims.
- Provide comprehensive documentation supporting the basis for the interference declaration.
Conditions and exceptions
- Recognize specific circumstances that may trigger the need for an interference declaration.
Practice notes
- Carefully document the substantive differences between competing patent claims to support the declaration.
- Understand the nuanced requirements for establishing priority and novelty in interference proceedings.
Official MPEP § 41.203 — Declaration.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.203 Declaration.
- (a) Interfering subject matter. 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.
- (b)
Notice of declaration. An administrative patent
judge declares the patent interference on behalf of the Director. A
notice declaring an interference identifies:
- (1) The interfering subject matter;
- (2) The involved applications, patents, and claims;
- (3) The accorded benefit for each count; and
- (4) The claims corresponding to each count.
- (c) Redeclaration. An administrative patent judge may redeclare a patent interference on behalf of the Director to change the declaration made under paragraph (b) of this section.
- (d) A party may suggest the addition of a patent or application to the interference or the declaration of an additional interference. The suggestion should make the showings required under § 41.202(a) of this part.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
- Aia Practice
- Prior Art Aia
- Prior Art Pre Aia
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- Application Publication
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- Sequence Listing
- Signature Requirements
- Signature Assignee