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Simple English definitions for legal terms
Board of Patent Appeals and Interferences
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A quick definition of Board of Patent Appeals and Interferences:
The Board of Patent Appeals and Interferences is a group of people who work for the U.S. Patent and Trademark Office. They listen to two types of cases: (1) when someone who wants a patent disagrees with a patent examiner's decision, and (2) when two or more people want to patent the same invention. The Board helps decide who should get the patent. If someone disagrees with the Board's decision, they can appeal to the U.S. Court of Appeals for the Federal Circuit.
Interference is when two or more people want to patent the same invention. The Board helps decide who should get the patent.
A more thorough explanation:
The Board of Patent Appeals and Interferences is a quasi-judicial body within the U.S. Patent and Trademark Office. It has two main functions:
- Hearing appeals from patent applicants whose claims have been rejected by a patent examiner
- Hearing interference contests between two or more applicants trying to patent the same invention
The Board of Patent Appeals and Interferences took over the work previously handled by the Board of Appeals and the Board of Patent Interferences. Appeals from this tribunal are heard by the U.S. Court of Appeals for the Federal Circuit.
In the context of patents, interference is an administrative proceeding in the U.S. Patent and Trademark Office to determine who is entitled to the patent when two or more applicants claim the same invention, or when an application interferes with an existing patent.
This proceeding occurs when the same invention is claimed in two pending applications, or in one pending application and a patent issued within a year of the pending application's filing date. It is also known as a priority contest.
Two inventors file patent applications for a new type of solar panel. The U.S. Patent and Trademark Office determines that both applications claim the same invention. An interference proceeding is initiated to determine which inventor is entitled to the patent.
To interfere means to meddle in another's affairs or to obstruct or hinder something.
A company attempts to register a trademark that is very similar to an existing trademark owned by another company. The U.S. Patent and Trademark Office determines that the new trademark would cause confusion among consumers. The existing trademark owner files an interference proceeding to prevent the new trademark from being registered.