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.
To learn more: