What is a count in a patent interference proceeding?
In patent interference proceedings, a count is a crucial concept. The MPEP 2301.02 defines a count as follows:
“Count means the Board’s description of the interfering subject matter that sets the scope of admissible proofs on priority. Where there is more than one count, each count must describe a patentably distinct invention.”
In simpler terms, a count is the Patent Trial and Appeal Board’s formal description of the invention that is in dispute between the parties in an interference. It defines what evidence can be presented to prove priority of invention. If multiple counts are involved, each must represent a separate, patentable invention.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301.02 - Definitions,
Patent Law,
Patent Procedure