What determines the requirements for declaring an interference?
The requirements for declaring an interference depend on who suggests it. As stated in MPEP 2304: “Who suggests the interference determines what must be done and shown prior to declaration of an interference.” This means that the process and evidence required to declare an interference may differ based on whether it was suggested by an…
Read MoreWhat happens to the reexamination proceeding when an interference is declared?
What happens to the reexamination proceeding when an interference is declared? When an interference is declared during a pending reexamination proceeding: The jurisdiction over the reexamination shifts to the Board of Patent Appeals and Interferences (BPAI). The reexamination proceeding is usually suspended, but this is not automatic. The BPAI may allow certain aspects of the…
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