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An interference proceeding, also known as a priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. It is a proceeding unique to the patent law of the United States. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy-Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor.
The AIA switched the US to a first-to-file regime effective March 16, 2013,[1] and interferences apply only to patent applications with an effective filing date prior to that change.
^Agostino, Joseph; Briggs, Heath J.; Schindler, Barry J. (February 2, 2013). "Phase 3 of the America Invents Act: New Patent Laws Take Effect on March 16, 2013". National Law Review. Retrieved April 18, 2021.
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