Presumptions
Presumptions are stated in 37 C.F.R. 41.207(a):
- (1) Order of invention. Parties are presumed to have invented interfering subject matter in the order of the dates of their accorded benefit for each count. If two parties are accorded the benefit of the same earliest date of constructive reduction to practice, then neither party is entitled to a presumption of priority with respect to the other such party.
- (2) Evidentiary standard. Priority may be proved by a preponderance of the evidence, except a party must prove priority by clear and convincing evidence if the date of its earliest constructive reduction to practice is after the issue date of an involved patent or the publication date under 35 U.S.C. 122(b) of an involved application or patent.
Read more about this topic: Interference Proceeding
Famous quotes containing the word presumptions:
“If we pretend to respect the artist at all, we must allow him his freedom of choice, in the face, in particular cases, of innumerable presumptions that the choice will not fructify. Art derives a considerable part of its beneficial exercise from flying in the face of presumptions.”
—Henry James (1843–1916)
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