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 Chapter 2300: Interference and Derivation Proceedings


Summary

Rankings

Frequency

Video Digest

Mind Map

Objectives

Key Terms

 

 

   Summary:

An interference is a proceeding that is held before the Patent Trial and Appeal Board to determine who should receive the right to a patent when a pending application claims the same invention as another pending application or an unexpired patent. The PTO will not conduct interferences which only involve issued patents.

Interferences will only be conducted when at least one pending application is involved. The examination should be completed on all other issues before an interference is ever called. Interferences have been phased out by Derivation Proceedings. However, applications filed before March 16, 2013 are still eligible for interferences.

The PTO will ask questions on this chapter and often relate the topic of interferences to the topics of reexaminations, protests and appeals. However, interference proceedings are being phased out as the USPTO has switched from a first to invent to a first to file patent system.

Applications filed on or after March 16, 2013 will not be eligible for interferences. Interferences are replaced with Derivation Proceedings. You may still have questions on this Chapter as the PTO phases out the old questions and due to the fact that interferences are still possible for applications filed before March 16, 2013. It will take several years for Derivation Proceedings to come into full effect.

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   Chapter Ranking Chart:

Importance Ranking:
3-Stars
 
Volume of Material:
1-Star
 
Complexity:
3-Stars
 
Overall Score:
2.3
 

 


   MPEP Section Frequency:
Key
2
4
6
8
10
2303
   
2304.02(c)
   
2306
   
2307
   
2308.01
   

 

 

   Video Digest:



   Mindmap:


   Objectives
  • Learn when interferences are possible and who has jurisdiction.
  • Study the requirements for an applicant to suggest an interference.
  • Learn about constructive reduction-to-practice and its involvement with 
    interferences.
  • Know the following laws and rules:

37 C.F.R. 41.11

Ex parte communications in inter partes proceedings.

37 C.F.R. 41.102

Completion of examination.

37 C.F.R. 41.103

Jurisdiction over involved files.

37 C.F.R. 41.109

Access to and copies of Office records.

37 C.F.R. 41.127

Judgment

37 C.F.R. 41.202

Suggesting an interference.

35 U.S.C. 135

Interferences.

 


   Key Terms