How is a patent interference defined and administered?

Patent interference is a specific type of contested case before the Patent Trial and Appeal Board. The MPEP 2301.02 provides the following definition and administration guidelines: “A patent interference is a contested case subject to the procedures set forth in subpart D of this part.” Furthermore, regarding the administration of patent interferences: “Patent interferences shall…

Read More

Who is responsible for reviewing a reissue application when a protest is filed and the patent is in a contested case?

When a protest is filed in a reissue application and the related patent is involved in a contested case, the review process involves collaboration between several parties. According to MPEP 1449: “In consultation with the examiner and the PTAB, a TC TQAS or SPRS will check to see that: It is particularly important that the…

Read More

Why is it important to refer a reissue application to the PTAB when a protest is filed and the patent is in an interference or contested case?

Referring a reissue application to the Patent Trial and Appeal Board (PTAB) when a protest is filed and the patent is in an interference or contested case is crucial for several reasons: It ensures coordination between the reissue examination process and the ongoing interference or contested case. It allows the PTAB to provide guidance on…

Read More