37 CFR 41.203 — Declaration
Ninth Edition, Revision 01.2024
- (a) Interfering subject matter. An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.
- (b)
Notice of declaration. An administrative patent
judge declares the patent interference on behalf of the Director. A
notice declaring an interference identifies:
- (1) The interfering subject matter;
- (2) The involved applications, patents, and claims;
- (3) The accorded benefit for each count; and
- (4) The claims corresponding to each count.
- (c) Redeclaration. An administrative patent judge may redeclare a patent interference on behalf of the Director to change the declaration made under paragraph (b) of this section.
- (d) A party may suggest the addition of a patent or application to the interference or the declaration of an additional interference. The suggestion should make the showings required under § 41.202(a) of this part.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
Cited authority
Cited by
- 1002.02(g) Petitions Decided by the Administrative Patent Judges
- 1449.02 Interference in Reissue
- 2132.01 Overcoming a Pre-AIA 35 U.S.C. 102(a) Rejection based on a Printed Publication or Patent
- 2136.05 Overcoming a Rejection Under Pre-AIA 35 U.S.C. 102(e)
- 2146.03(a) Provisional Rejection (Obviousness) Under 35 U.S.C. 103(a) Using Provisional Prior Art Under Pre-AIA 35 U.S.C. 102(e)
- 2301.03 Interfering Subject Matter
- 2304.02 Applicant Suggestion
- 2304.02(b) Counts and Corresponding Claims
- 2304.02(d) Adequate Written Description
- 2304.04(a) Interfering Claim Already in Application
- 715 Swearing Behind a Reference — Affidavit or Declaration Under 37 CFR 1.131(a)
- 715.01(a) Reference Is a Patent or Published Application Naming Different Inventive Entity With at Least One Common Inventor
- 715.05 U.S. Patent or Application Publication Claiming Same Invention
- 716.10 Attribution Affidavit or Declaration to Overcome Rejection Under Pre-AIA 35 U.S.C. 102 or 103
- 37 CFR 1.131 Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art
- 37 CFR 41.202 Suggesting an interference