What is a count in patent interference proceedings?
A count in patent interference proceedings is a description of the interfering subject matter. As stated in the MPEP 2304.02(b):
“A count is just a description of the interfering subject matter, which the Board uses to determine what evidence may be used to prove priority under pre-AIA 35 U.S.C. 102(g)(1).”
In other words, the count serves as a basis for determining which party has priority in inventing the disputed subject matter.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(B) - Counts And Corresponding Claims,
Patent Law,
Patent Procedure