Lesson plan

Interference proceeding

In United States patent law, an interference proceeding, also known as a priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy–Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor. The AIA switched the US to a first-to-file regime effective March 16, 2013, and interferences apply only to patent applications with an effective filing date prior to that change.

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Article summary

In United States patent law, an interference proceeding, also known as a priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy–Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor. The AIA switched the US to a first-to-file regime effective March 16, 2013, and interferences apply only to patent applications with an effective filing date prior to that change.

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Discussion questions

  1. Summarise the article in your own words. Which single claim would you verify first, and why?
  2. Which claim in this article is most likely to be revised as the sources update? How would you check its current status?
  3. If two sources disagreed about one of these facts, what would you need in order to trust one over the other?

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Key claims and bibliography are generated from the same tracked claims and sources as the article page.