Interferences

Interferences are still a viable proceeding for some patent applications
Although the first-to-file provision of the America Invents Act (AIA) effectively removed the option of an interference for most new patent applications, interferences remain viable for many U.S. patent applications containing claims entitled to earlier filing dates. Many rules of the Patent Trial and Appeal Board (PTAB) were built on prior interference practice, and several PTAB judges were on the predecessor Board of Patent Appeals and Interferences. For decades, Finnegan has counseled and represented clients in patent interferences, establishing one of the most highly regarded interference practices in the country. Our attorneys are adept at navigating through complicated priority fact patterns and the transitional AIA provisions to advise whether an interference is an appropriate tool. Known as priority contests to decide who was first to invent, interferences have also long provided an opportunity to contest patentability of a competitor’s claims under a lower standard of proof than is available in district court. Our extensive practice covers all technology disciplines and all degrees of complexity from simple, two-party interferences involving priority to more difficult cases involving multiple parties and multiple issues of priority and patentability.