What is the definition of a senior party in a patent interference?
In patent interference proceedings, the designation of a senior party is crucial. The MPEP 2301.02 defines a senior party as follows:
“Senior party means the party entitled to the presumption under § 41.207(a)(1) that it is the prior inventor. Any other party is a junior party.”
This definition implies that the senior party has a procedural advantage in the interference, as they are presumed to be the first inventor unless proven otherwise. The burden of proof typically falls on the junior party to demonstrate that they were the first to invent the subject matter in question. This distinction is important in determining the order of presentation and the burden of proof in interference proceedings.
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Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301.02 - Definitions,
Patent Law,
Patent Procedure