Interferences**IS NOW TESTED ON NEW EXAM**. The PTO will ask questions on this chapter and relate the topic of interferences to the topics of reexaminations, protests and appeals. You should pay special attention to actions after the interference, access to interferences, the meaning of diligence and actual reduction to practice.

Interference

Interference basics:
1. these are proceedings held before the board
2. these proceedings determine who will receive priority of the invention in question may occur between - a pending application and one or more pending applications, a pending application and one or more unexpired patents

Priority contests (also known as interferences):
1. the PTO does not always award priority to the first filed application, sometimes, an interference will be held to determine who should receive the patent - these do not require a showing of diligence during the time period one inventor conceived of the idea and the other inventor actually reduced it to practice
2. reissue applications are not precluded from being involved in an interference

Interferences between applications and patents may arise:
1. if an application contains one or more allowable claims which are drawn to the same invention as those claimed in an issued patent
2. when a patent has an effective U.S. filing date later than the effective filing date of an application which claims the same invention and is disclosed by the applicant

An applicant may provoke an interference with a patent by presenting a proposed count and presenting a claim already in the application that corresponds to the proposed count

Access:
During the pendency of an interference, the public is entitled to access the file of any patent, reissue or SIR involved in the proceeding
Where an interference is declared, all questions involved therein are to be determined inter partes.
The winning party of the interference is not denied anything he or she was in possession of prior to the interference, nor does he or she acquire any additional rights as a result of the interference