What is the definition of “interfering subject matter” in patent law?
“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.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2301.03 - Interfering Subject Matter,
Patent Law,
Patent Procedure