Interference basics

Abstract

A US patent is a prized form of intellectual property, and the first to invent the claimed subject matter is awarded the patent right. When two or more parties, however, simultaneously invent the same claimed subject matter, priority issues arise. An interference proceeding is a complex endeavour before the US Patent and Trademark Office that resolves the issue of priority of invention. Patentable and interfering subject matter are the prerequisites for a declaration of an interference. Once declared, the proceeding itself involves two stages: the preliminary motions phase and the priority phase. Each phase may be outcome determinative, and the preliminary motions phase provides the parties with the opportunity to invalidate an opponent's claimed subject matter. An interference proceeding thus involves high stakes and high drama, and considerable care must be taken to navigate it wisely.