When can an interference proceeding occur between two applications?

An interference proceeding can occur when both applications are in condition for allowance within 6 months of each other. This means that the claims of both applications are deemed patentable and could potentially cover the same subject matter, leading to a conflict where neither party can be granted a patent without addressing the competing claims.

In this context, the significance of the timeframe—within 6 months—is essential because it indicates the immediacy of the conflict between the two applications. Interference proceedings are designed to resolve which applicant has the right to a patent when both claim the same invention, and that resolution can only occur if the applications are poised for approval.

Other options present scenarios that do not align with the requirements for an interference proceeding. For instance, applications under the AIA law have a different framework and do not engage in traditional interference disputes in the same manner as pre-AIA applications. Additionally, applications that have already been granted patents may refer to post-issuance disputes such as inter partes reviews, rather than interference. Lastly, a pre-AIA application compared to an AIA application does not initiate an interference proceeding due to the changes in patent law structure and procedures introduced by the AIA.