How long must the applications be filed apart to avoid an interference trial under pre-AIA regulations?

To avoid an interference trial under pre-AIA (America Invents Act) regulations, applications must be filed apart by a period of six months. This provision is significant because it outlines the timeline necessary to establish whether two inventors claim the same invention or whether one inventor has a prior claim to the invention over another.

If two or more patent applications are filed on the same invention, and they fall within the six-month window, there is potential for an interference proceeding to determine which inventor is entitled to the patent based on the concept of "priority." The interference process was designed to resolve disputes over claims to inventions that are not separately patentable or could result in overlapping claims. Therefore, a six-month separation between the filing of applications helps to reduce the likelihood of such conflicts arising and provides a clearer pathway for determining priority rights.

Understanding this timeframe is essential for patent applicants and practitioners to navigate the pre-AIA landscape effectively and ensures that they can strategically place their applications to avoid interference obstacles.