What is the Patent Trial and Appeal Board’s role in patent interferences?

The Patent Trial and Appeal Board (PTAB) plays a significant role in patent interferences. According to MPEP 2304, after an Interference Practice Specialist (IPS) reviews a suggested interference, they may refer it to the Board: “…the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.”…

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What is the role of the Patent Trial and Appeal Board in derivation proceedings?

The Patent Trial and Appeal Board (PTAB) plays a crucial role in derivation proceedings. According to MPEP 2310.01, which cites 35 U.S.C. 135(b): “In a derivation proceeding instituted under subsection (a), the Patent Trial and Appeal Board shall determine whether an inventor named in the earlier application derived the claimed invention from an inventor named…

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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…

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What is the role of an Interference Practice Specialist (IPS) in patent interferences?

An Interference Practice Specialist (IPS) plays a crucial role in the interference process. According to MPEP 2304: “In either circumstance, the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.” The IPS serves as an expert consultant for examiners when an interference is suggested. They…

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What is the extent of the duty of disclosure?

The duty of disclosure extends to all dealings with the United States Patent and Trademark Office (USPTO), not just interactions with patent examiners. This comprehensive obligation includes proceedings before various departments within the USPTO. As stated in MPEP 2001.03: “This duty ‘in dealing with’ and ‘to’ the Office extends, of course, to all dealings which…

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What are ex parte communications in patent interference proceedings?

Ex parte communications in patent interference proceedings refer to private communications about the case with a Board member or Board employee assigned to the proceeding, without the presence or knowledge of the other party. These communications are strictly prohibited in inter partes proceedings, including interferences. As stated in MPEP 2307.01: “An ex parte communication about…

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