While the Japanese Patent Office does not have a formal
interference proceeding, a pending application is prior art
within the JPO as of the filing date of that application even
though the application is not published until 18 months
after the filing date. One of my own Japanese patents was
initially rejected based on an application that had been filed
two months earlier than mine.
Edlyn Simmons-ES/PGI wrote:
> The simple answer is "no."
>
> Only the United States has interferences, and one or more of the patent
> applications involved has to be a pending application. Anything that happens
> during prosecution of a pending patent application is kept secret by the USPTO,
> so no announcements of ongoing interferences are made.
>
> On rare occasions, the owner of an issued patent involved in an interference may
> make the information public. When the interference is settled and claims are
> cancelled in an issued patent, the information is published in the Official
> Gazette, but there's no announcement if the issued patent prevails.
>
> Edlyn Simmons
>
>
> Internet Mail Message
> Received from host: luggage.tecc.co.uk
> [193.128.6.129]
>
>
> Envelope Sender: owner-piug-l@tecc.co.uk
>
> From: Louise Franco <intprop@earthlink.net> on 07/14/2000 09:18 AM
>
> Please respond to intprop@earthlink.net
>
> To: piug-l@derwent.tecc.co.uk
> cc: (bcc: Edlyn Simmons-ES/PGI)
> Subject: Interferences
>
> Is there anyway of finding out if a patent is in interference?
>
> Thanks
> Louise
> SSM&P
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