Legal Definitions - interference proceedings

Definition:Interference proceedings were a process used in the U.S. patent system to determine which of two parties claiming a common invention was the first to invent it, also known as priority. This process was necessary because the U.S. patent system followed a first-to-invent structure, rather than the first-to-file rule used in most other countries. Interference proceedings could involve two applications or an application and an existing patent. Claims of interference had to be made within one year of the date that the application was published or that a patent was granted.

Example: If two inventors filed patent applications for the same invention, and both claimed to have invented it first, an interference proceeding would be initiated to determine who was the true inventor and had priority over the invention.

Explanation: In this example, the interference proceeding would be used to determine which inventor was the first to invent the invention. The process would involve comparing the dates and evidence provided by each inventor to determine who had priority over the invention.

Elimination: Interference proceedings have been largely eliminated due to the Leahy-Smith America Invents Act (AIA). This act, signed by President Obama on September 16, 2011, switched the U.S. patent system to one that followed the first-to-file rule. As such, any patent application filed on or after March 16, 2013, can no longer commence interference proceedings. Instead, interference proceedings were replaced with derivation proceedings. Additionally, the Board of Patent Appeals and Interferences was replaced with the Patent Trial and Appeal Board, to reflect the elimination of interference proceedings.