Interference

The state of things which exists when a person applies for a patent which, if granted, would cover any of the patentable ground occupied by any existing patent, or by any patent for which an application is then pending. An investigation is ordered by the commissioner of patents, for the purpose of determining which of the parties was the first to make the invention, or that portion of it from which the interference results. When the controversy is between two applications, a patent wiU be finally granted to him who is shown to be the first inventor, and will be denied to the other applicant so far as the point thus controverted is concerned. But if the interference is between an application on the one hand and an actual patent on the other, as there is no ' power in the patent office to cancel the existing patent, all that can be done is to grant or withhold from the applicant the patent he asks. If the patent is granted to him, there will be two patents for the same thing. The two parties will stand upon a footing of equality, and must settle their rights by a resort to the courts, in the manner provided by the act of congress. In interference-cases, each party is allowed to take the testimony of witnesses in accordance with rules established by the patent ofiice.

See Act July 4, 1836, §§ 8, 16.

INTERIM (Lat.) In the meantime; meanwhile. An assignee ad interim, is one appointed between the time of bankruptcy and appointment of the regular assignee.

2 Bell, Conun. 355.