Chapter 2300: Interference and Derivation Proceedings

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.
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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- Click on image to see full-size view or download the mindmap PDF.
- Download the PDF outline.

- 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 withÂ
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. |
