What is the definition of “interfering subject matter” in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 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. “Interfering subject matter” in patent law refers to claimed inventions or claimed subject matter that are not patentably distinct from each other. According to MPEP 2301.03 , interfering subject matter is defined as follows: “Interfering subject matter” is defined as (A) those portions of an application claim that are patentably indistinct from the subject matter of a claim in another application or patent; and (B) subject matter common to the application and the application or patent. This definition is crucial for determining when an interference proceeding may be appropriate between two or more pending applications or between one or more pending applications and one or more unexpired patents. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Construal for Interfering Subject Matter MPEP 2301.03 Required No Interference if Claims Are Patentably Distinct MPEP 2301.03 Contest Between Application and Patent MPEP 2301 Claim Must Correspond to Count Subject Matter MPEP 2301.03 Application Claim as Prior Art Anticipates Patent Claim MPEP 2301.03 Patent Claim Renders Application Claim Obvious When Treated as Prior Art MPEP 2301.03 Permitted Test for Patentably Indistinct Inventions MPEP 2301.03 Patentably Indistinct Claims Require Interference MPEP 2301.03 Application Claim Must Explain Selection From Patent Genus MPEP 2301.03 Application Claim Must Anticipate Patent Claim MPEP 2301.03 Other Related FAQs 5 FAQs Collapse How does claim construction differ in interference proceedings compared to written description evaluations? How do genus and species claims interact in interference proceedings? Can interfering subject matter exist between a patent application an...