37 CFR 41.203: Declaration

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

Previous: §41.202 | Next: §41.204

41.203    Declaration.

  • (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]