How does a priority showing differ from a priority statement in interference proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Showing Must Prove Priority MPEP 2305 Required Priority Showing Requirement for Interference Proceedings MPEP 2305 Required Priority Statement vs Showing During Interference MPEP 2305 Priority Showing Must Be Adequately Presented MPEP 2305 Requirement for Priority Showing in Interference MPEP 2305 Permitted Priority Statement Requirement During Interference MPEP 2305 Priority Showing Required for Later Reduction-to-Practice MPEP 2305 Required Showing of Priority Must Be Filed for Later Reduction-to-Practice MPEP 2305 Required Priority Showing Instead of Affidavit for Interference Claims MPEP 2305 Required Priority Statement Insufficient for Showing MPEP 2305 Other Related FAQs 5 FAQs Collapse What are the consequences of an inadequate priority showing? What is a priority showing in patent interference proceedings? How does a priority showing differ from a...