How are finally refused or canceled claims treated in an interference?

According to MPEP 2304.01(d), finally refused or canceled claims are generally excluded from an interference proceeding. The MPEP states: “Claims which have been finally refused or canceled are generally excluded from the interference.” This treatment of finally refused or canceled claims serves several purposes: It streamlines the interference process by focusing on active, potentially patentable…

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How can an inference of suppression or concealment be rebutted?

An inference of suppression or concealment can be rebutted by showing renewed activity on the invention just prior to the junior party’s entry into the field, coupled with diligent filing of a patent application. The MPEP provides several examples of activities that may rebut this inference: Showing activity directed to perfecting the invention Preparing the…

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How does a priority showing differ from a priority statement in interference proceedings?

A priority showing under 37 CFR 41.202(d)(1) is distinct from a priority statement under 37 CFR 41.204(a) in interference proceedings. The MPEP clarifies: “A priority showing under 37 CFR 41.202(d)(1), which is presented during examination, is not the same as a priority statement under 37 CFR 41.204(a), which is filed during an interference. A priority…

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What is a priority showing in patent interference proceedings?

A priority showing is a requirement under 37 CFR 41.202(d)(1) when an applicant’s earliest constructive reduction to practice is later than that of a patent or published application claiming interfering subject matter. The MPEP states: “Whenever the application has an earliest constructive reduction-to-practice that is later than the earliest constructive reduction-to-practice of a published application…

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How does the pre-AIA 35 U.S.C. 102(g)(1) affect patent rights in interference proceedings?

The pre-AIA 35 U.S.C. 102(g)(1) affects patent rights in interference proceedings by establishing conditions under which a person may not be entitled to a patent. According to MPEP 2301.01: “A person shall be entitled to a patent unless — (g)(1) during the course of an interference conducted under section 135 or section 291, another inventor…

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Can a patentee suggest an interference?

No, a patentee cannot directly suggest an interference. According to MPEP 2304.03, “A patentee cannot suggest an interference under this section“. However, there are limited options available to patentees: A patentee may file a reissue application to become an applicant, which would then allow them to suggest an interference. Alternatively, a patentee may, to a…

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