{"data":{"id":"us/37-cfr-41.203","jurisdiction":"us","citation":"37 CFR 41.203","heading":"Declaration.","body":"(a) Interfering subject matter. An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.\n(b) Notice of declaration. An administrative patent judge declares the patent interference on behalf of the Director. A notice declaring an interference identifies:\n(1) The interfering subject matter;\n(2) The involved applications, patents, and claims;\n(3) The accorded benefit for each count; and\n(4) The claims corresponding to each count.\n(c) Redeclaration. An administrative patent judge may redeclare a patent interference on behalf of the Director to change the declaration made under paragraph (b) of this section.\n(d) A party may suggest the addition of a patent or application to the interference or the declaration of an additional interference. The suggestion should make the showings required under § 41.202(a) of this part.","path":["Title 37—Patents, Trademarks, and Copyrights","CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE","SUBCHAPTER A—GENERAL","PART 41—PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD","Subpart E—Patent Interferences"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"b8e6bb3f03845e4902bb3e370041cc2fa171fb6fa0031cab879f5b3fb4d60329","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-41.202","next":"us/37-cfr-41.204"},"notice":"GroundRules: Original legal text. Not legal advice."}