How do NASA and DoE ownership contests differ from regular patent interferences?

While NASA and DoE ownership contests share similarities with patent interferences, they have distinct characteristics. According to MPEP 2309:

“Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.”

Key differences include:

• Purpose: Ownership contests determine government agency ownership, while interferences resolve priority between inventors.
• Parties: Contests involve the government agency and the applicant, whereas interferences are between competing inventors or applicants.
• Statutory basis: Contests are based on specific statutes (42 U.S.C. 2457 for NASA and 42 U.S.C. 2182 for DoE), while interferences are governed by general patent law.

Despite these differences, the procedural aspects of interferences are largely applied to these ownership contests to ensure a fair and thorough examination of the claims.

To learn more:

• NASA
• DoE
• ownership contests
• patent interferences
• government contracts