What is the significance of the six-month period between effective filing dates in interference cases?
The six-month period between effective filing dates plays a crucial role in determining how to proceed with potentially interfering applications. According to MPEP 2303.01:
“If the applications have their earliest effective filing dates within six months of each other, then an interference may be suggested.“
This six-month window is used as a threshold for deciding whether to initiate an interference proceeding or to allow the earlier-filed application to issue. When the filing dates are within six months of each other, it suggests that the inventions were likely developed around the same time, justifying a more detailed examination of priority through an interference proceeding.
On the other hand, if the filing dates are more than six months apart, the earlier-filed application is generally allowed to issue, potentially serving as prior art against the later-filed application or requiring a priority showing from the later applicant.
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