What is the definition of “same invention” in the context of patent interference?
In the context of patent interference, the “same invention” is defined by 37 CFR 41.203(a). According to MPEP 2304.04(a), when suggesting an interference, the examiner should include “an explanation of why at least one claim of every application or patent defines the same invention within the meaning of 37 CFR 41.203(a).” This regulation provides the specific criteria for determining when two claims are considered to be directed to the same invention for the purpose of declaring an interference.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.04(A) - Interfering Claim Already In Application,
Patent Law,
Patent Procedure