How does the USPTO handle situations where one application’s effective filing date is more than six months before another’s in potential interference cases?
When one application’s effective filing date is more than six months earlier than another’s in potential interference cases, the USPTO generally favors issuing the earlier-filed application. MPEP 2303.01 states: “If, however, application E’s earliest effective filing date is more than six months before application F’s earliest effective filing date, then application E should issue.“ After…
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