What is interference practice and how does it relate to pre-AIA 35 U.S.C. 102(g)?
Interference practice is a legal proceeding used to determine priority of invention between two or more parties claiming the same patentable invention. Pre-AIA 35 U.S.C. 102(g) forms the basis for interference practice. The MPEP states:
This section of pre-AIA 35 U.S.C. 102 forms a basis for interference practice. See MPEP Chapter 2300 for more information on interference procedure.
In an interference proceeding, the Patent Office determines which party was the first to invent the claimed subject matter. This involves considering factors such as conception, reduction to practice, and diligence in reducing the invention to practice.
The MPEP further notes:
Pre-AIA 35 U.S.C. 102(g) issues such as conception, reduction to practice and diligence, while more commonly applied to interference matters, also arise in other contexts.
This means that while these concepts are central to interference practice, they can also be relevant in other patent examination contexts, such as ex parte rejections or overcoming prior art references.
For detailed information on interference procedures, refer to MPEP Chapter 2300. It’s important to note that interference practice is primarily relevant to pre-AIA applications, as the America Invents Act (AIA) replaced the first-to-invent system with a first-inventor-to-file system for applications filed on or after March 16, 2013.
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