35 U.S.C. 291 (pre-AIA): Interfering patents

Taken from the 9th Edition of the MPEP, Revision 07.2022, Published February 2023

Current Pre-AIA AIA Redline

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35 U.S.C. 291 (pre-AIA) Interfering patents.

[Editor Note: Not applicable to any patent application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note) ).* See 35 U.S.C. 291 for the law otherwise applicable.*]

The owner of an interfering patent may have relief against the owner of another by civil action, and the court may adjudge the question of validity of any of the interfering patents, in whole or in part. The provisions of the second paragraph of section 146 shall apply to actions brought under this section.

(Amended Sept. 16, 2011, Public Law 112-29, sec. 20(j) (effective Sept. 16, 2012), 125 Stat. 284.

*NOTE: The provisions of 35 U.S.C. 291 (pre-AIA), as in effect on March 15, 2013, shall also apply to each claim of an application for patent, and any patent issued thereon, for which the first inventor to file provisions of the AIA apply (see 35 U.S.C. 100 (note) ), if such application or patent contains or contained at any time—

  • (A) a claim to an invention having an effective filing date as defined in 35 U.S.C. 100(i), that occurs before March 16, 2013; or
  • (B) a specific reference under 35 U.S.C. 120 , 121, or 365(c), to any patent or application that contains or contained at any time such a claim.