What are declarations and re-declarations of interferences in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. Declarations and re-declarations of interferences are formal proceedings in patent law to determine priority of invention between two or more parties claiming the same patentable invention. According to MPEP 1002.02(g) : “3. Declarations and re-declarations of interferences. 37 CFR 41.203.” These declarations are decided by Administrative Patent Judges as outlined in 37 CFR 41.203 . The process involves determining whether an interference should be declared or re-declared based on the claims and specifications of the involved applications or patents. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Re-declaration of Interferences Required MPEP 1002.02(g) Suspension of Interference During Reexamination MPEP 1002.02(g) Declarations Required for Interferences MPEP 1002.02(g) Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted Petition to Invoke Director's Supervisory Authority MPEP 1002 Petition to Director for PTAB Action MPEP 1002 Petition Must Include Facts and Review Points MPEP 1002 Required Petitions Must Include Supporting Documents MPEP 1002 Required Requirement for Proper Request and Examiner Action in Petitions MPEP 1002 Required Examiner Must Provide Reasons for Decision on Petition MPEP 1002 Permitted Other Related FAQs 5 FAQs Collapse What types of petitions are decided by Administrative Patent Judges? How can a policy question be certified to the Chief Administrative Patent Judge? How can an interference involving a patent under reexamination be suspended? What is the process for waiving or suspending rules in patent trials? What is the process for obtaining a foreign filing license for a patent applicatio...