What is an interference in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 9 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. An interference in patent law is a proceeding to determine which party has the right to a patent when two or more parties claim the same invention. The Manual of Patent Examining Procedure (MPEP) Chapter 2300 covers interference and derivation proceedings. According to MPEP 2304 , “The suggestion for an interference may come from an applicant or from an examiner.” This process is crucial in determining priority of invention when multiple parties claim the same or similar inventions. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Interference Suggestion Can Come From Applicant Or Examiner MPEP 2304 Permitted Who Suggests Interference Determines Pre-Interference Actions MPEP 2304 Required Consult IPS Before Declaring Interference MPEP 2304 Required PTAB Handles Requests for Interference and Derivation Records MPEP 103 PTAB Members Designated for Interference Proceedings Determining Priority and Patentability MPEP 1002.02(f) Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) PTAB Reviews Adverse Examiner Decisions and Conducts Patent Proceedings MPEP 1002.02(f) Petitions for Access Handled by Office of Patent Legal Administration Except Interference Cases MPEP 103 Procedure for Making PTO Board Decisions Public MPEP 103 Other Related FAQs 5 FAQs Collapse How does an examiner determine if suggesting an interference is appropriate? What is the role of an Interference Practice Specialist (IPS) in patent interferences? What is the Patent Trial and Appeal Board&#8217;s role in patent interferences? What determines the requirements for declaring an interference? What is the significance of the one-way test in suggesting an interference?