What is the Patent Trial and Appeal Board’s role in patent interferences?
The Patent Trial and Appeal Board (PTAB) plays a significant role in patent interferences. According to MPEP 2304, after an Interference Practice Specialist (IPS) reviews a suggested interference, they may refer it to the Board:
“…the examiner must consult with an Interference Practice Specialist (IPS), who may then refer the suggested interference to the Board.”
The PTAB is responsible for conducting interference proceedings, hearing arguments, and ultimately determining which party has priority of invention or the right to a patent when multiple parties claim the same invention.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304 - Suggesting An Interference,
Patent Law,
Patent Procedure