Legal Definitions - Board of Patent Appeals and Interferences

The Board of Patent Appeals and Interferences is a specialized, quasi-judicial body within the United States Patent and Trademark Office (USPTO). Its primary role is to act as an internal appeals court for certain disputes related to patent applications. It handles two main types of cases:

• Appeals from patent applicants whose claims have been rejected by a patent examiner. If an inventor believes the examiner made a mistake in denying their patent application or specific claims within it, they can appeal that decision to this Board.
• "Interference" contests between two or more different applicants who are trying to patent the same invention. In situations where multiple parties independently develop and apply for patents on essentially the same invention, the Board determines who was the first to invent or who has priority.

Here are some examples of when the Board of Patent Appeals and Interferences would be involved:

• Example 1: Appealing a Patent Examiner's Rejection

  Imagine a biomedical engineer invents a novel surgical tool designed to perform a specific procedure with greater precision. After reviewing the patent application, a USPTO patent examiner rejects several key claims, stating they are too similar to an existing patent or lack sufficient novelty. The engineer strongly believes their invention is distinct and patentable. Instead of accepting the rejection, the engineer can appeal the examiner's decision to the Board of Patent Appeals and Interferences. The Board would then review the arguments from both the engineer and the examiner to determine if the rejection was appropriate.

• Example 2: Resolving Competing Claims for the Same Invention

  Consider two separate technology companies, working independently, that both develop and file patent applications for a revolutionary new method of wirelessly charging electric vehicles. The USPTO identifies that both applications describe essentially the same core invention. To resolve this conflict, the Board of Patent Appeals and Interferences would initiate an "interference" proceeding. The Board would then hear arguments and review evidence from both companies to determine which party was the first to invent the technology, ultimately deciding who has the right to be granted the patent.