This page consolidates MPEP guidance interpreting 37 CFR § 41.206, including 14 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 Common interests in the invention. is an administrative process where an interference may be declined or a judgment issued if two or more applications or patents are commonly owned, allowing for shared control over the patent rights.

What this section covers

• This section covers common ownership and its impact on interference proceedings between applications or patents that share an owner.
• It outlines how administrative patent judges handle interferences between applications or patents that are commonly owned.

Key obligations

• Determine if two or more applications or patents are commonly owned before filing an interference.
• Ensure that any common ownership is disclosed and properly documented to avoid delays in the interference process.
• Follow the procedures outlined in 37 CFR 41.206 for handling common ownership in interferences.

Practice notes

• Ensure all common ownership relationships are clearly identified and documented to avoid delays in the interference process.
• Failing to disclose common ownership can lead to invalidation of the interference and potential legal issues.

Related Provisions

• 37 CFR § 1.56
• 35 U.S.C. § 132
• 37 CFR § 41.203
• 37 CFR § 1.131
• 35 U.S.C. § 102

Based on MPEP Last Modified: 10/30/2024 08:50:22