Chapter 2300

Question 1

Title of Chapter

Answer 1

Interferences

Question 2

basics

Answer 2

• 35 USC 135
• patent app claims same invention as patent/app, priority contest (interference) proceeds
• same invention = indistinct inventions
• INTERFERENCES ONLY DETERMINE PRIORITY

Question 3

IPS

Answer 3

interference practice specialist

Question 4

one party in condition for allowance

Answer 4

1st app granted NOA when conditions met

interference may be appropriate (app v patent)

Question 5

both parties in condition for allowance

Answer 5

• w/in 6 months - earlier filed available as reference –> allowed and issued
• not w/in 6 months - no interference, earliest effective filing date issue

Question 6

jurisdiction

Answer 6

• during inter - Board of Patent Appeal & Interferences

- after inter - examiner

Question 7

37 CFR 1.131

Answer 7

• if interference not possible at time affidavit submitted, then affidavit should be permitted