Interference in United States

Interference Definition

The state of things which exists when a person applies for a patent which, if granted, would cover any of the patentable ground occupied by any existing patent, or by any patent for which an application is then pending. An investigation is ordered by the commissioner of patents, for the purpose of determining which of the parties was the first to make the invention, or that portion of it from which the interference results. When the controversy is between two applications, a patent wiU be finally granted to him who is shown to be the first inventor, and will be denied to the other applicant so far as the point thus controverted is concerned. But if the interference is between an application on the one hand and an actual patent on the other, as there is no ‘ power in the patent office to cancel the existing patent, all that can be done is to grant or withhold from the applicant the patent he asks. If the patent is granted to him, there will be two patents for the same thing. The two parties will stand upon a footing of equality, and must settle their rights by a resort to the courts, in the manner provided by the act of congress. In interference-cases, each party is allowed to take the testimony of witnesses in accordance with rules established by the patent ofiice. See Act July 4, 1836, §§ 8, 16.

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Legal Issue for Attorneys

The state of things which exists when a person applies for a patent which, if granted, would cover any of the patentable ground occupied by any existing patent, or by any patent for which an application is then pending. An investigation is ordered by the commissioner of patents, for the purpose of determining which of the parties was the first to make the invention, or that portion of it from which the interference results. When the controversy is between two applications, a patent wiU be finally granted to him who is shown to be the first inventor, and will be denied to the other applicant so far as the point thus controverted is concerned. But if the interference is between an application on the one hand and an actual patent on the other, as there is no ‘ power in the patent office to cancel the existing patent, all that can be done is to grant or withhold from the applicant the patent he asks. If the patent is granted to him, there will be two patents for the same thing. The two parties will stand upon a footing of equality, and must settle their rights by a resort to the courts, in the manner provided by the act of congress. In interference-cases, each party is allowed to take the testimony of witnesses in accordance with rules established by the patent ofiice. See Act July 4, 1836, §§ 8, 16.

This definition of Interference is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

interference in relation to Invention and Patent Law

A procedure declared by the patent office when it appears that two or more people made the same invention at roughly the same time. It is an expensive, lengthy court-like proceeding designed to determine who was the first true inventor. About 1/10 of 1% of patents are involved in interference proceedings.

Cause of Action for Interference With Expected Gift or Inheritance: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Interference With Expected Gift or Inheritance, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Interference (Voting Rights Legislation)

This section introduces, discusses and describes the basics of interference. Then, cross references and a brief overview about Voting Rights Legislation is provided. Finally, the subject
of Voting Rights in relation with interference is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.