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 statement is a notice of what a party intends to prove on the issue of priority during an interference. A priority showing under 37 CFR 41.202(d)(1) must, however, actually prove priority assuming that the opposing party did not oppose the showing.”

In essence, a priority showing must provide actual proof of priority, while a priority statement outlines what a party intends to prove during the interference.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2305 - Requiring A Priority Showing, Patent Law, Patent Procedure
Tags: Interference Proceedings, patent examination, Priority Showing, Priority Statement