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2302 Ownership of Applications and Patents Involved in an Interference - 2300 Interference Proceedings
2302 Ownership of Applications and Patents Involved in an Interference
37 CFR 1.602 Interest in applications and patents involved in an interference.
(a) Unless good cause is shown, an interference shall not be declared or continued between (1) applications owned by a single party or (2) applications and an unexpired patent owned by a single party.
(b) The parties, within 20 days after an interference is declared, shall notify the Board of any and all right, title, and interest in any application or patent involved or relied upon in the interference unless the right, title, and interest is set forth in the notice declaring the interference.
(c) If a change of any right, title, and interest in any application or patent involved or relied upon in the interference occurs after notice is given declaring the interference and before the time expires for seeking judicial review of a final decision of the Board, the parties shall notify the Board of the change within 20 days after the change.
37 CFR 1.602 continues the previous USPTO practice (former 37 CFR 1.201(c)) of not declaring or continuing an interference between (A) two or more applications owned by the same party or (B) an application and a patent owned by a single party unless good cause is shown. A corporation and its wholly owned subsidiary are considered a "single party" within the meaning of 37 CFR 1.602(a).
COMMON OWNERSHIP
Where applications by different inventive entities but of common ownership claim the same subject matter or subject matter that is not patentably different:
(A) Interference therebetween is normally not instituted since there is no conflict of interest. Elimination of conflicting claims from all except one application should usually be required. 37 CFR 1.78(c). The common assignee must determine the application in which the conflicting claims are properly placed. Treatment by rejection is set forth in MPEP § 804.03.
(B) Where an interference with a third party is found to exist, the commonly owned application having the earliest effective filing date will be placed in interference with the third party. The common assignee may move during the interference under 37 CFR 1.633(d) to substitute the other commonly owned application, if desired.
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