Patent interferences are adversarial proceedings conducted before the USPTO’s Patent Trial and Appeal Board to determine priority between competing patent applications. An interference occurs when two or more patent applications are filed by different inventors claiming the same or substantially the same invention. Interferences can also occur between an issued U.S. patent and another party’s pending application.
Attorneys at COJK are among a handful in the country that have extensive experience in successfully navigating these complex proceedings. Careful planning and strategy are involved when dealing with any aspect of an interference. Our attorneys guide clients through strategies to maximize their options in dealing with a competitor’s patent position.
We assist clients with all aspects of interferences, including:
- Identifying the risks and the advantages involved in requesting an interference
- Reviewing options available to avoid an interference
- Strategic planning when requesting an interference
- Defense of a patent in an interference
A derivation proceeding is a new provision enacted by the America Invents Act (AIA), which is designed to ensure the first person to file a patent application is actually the true inventor. With the move by the United States to a first-inventor-to-file system, the risk to inventors losing patent protection increased, as it became possible for an applicant who is not the true inventor to file for patent protection. If a true inventor is not the first to file, the true inventor may challenge the first applicant’s right to a patent through a derivation proceeding, by demonstrating that the first application is claiming an invention derived from the true inventor.
The lawyers at COJK have vast experience handling disputes at the USPTO, covering a wide range of technologies, including biotechnology, medical devices, wireless technology and software. Our experienced counsel provides clients with a unique advantage when faced with the new AIA proceedings, particularly those before the new Patent Trial and Appeal Board. Navigating the new provisions requires the experience and knowledge COJK lawyers offer.