In a recent article, Lara Kelley and Barbara McCurdy make the case for filing an interference proceeding in the Patent Office rather than filing a patent infringement suit in Federal Court.
Top Ten Reasons for Filing an Interference:
1. There is no presumption of priority or validity in an interference.
2. An interference can involve patentability issues in addition to priority issues.
3. The Board (BPAI) may understand the legal and technical issues better than a judge or jury.
4. An interference affords flexibility in patenting, such as amendments to claims.
5. Discovery is severely limited in an interference.
6. There is no live testimony or trial in an interference.
7. An interference is usually much cheaper.
8. An interference does not foreclose all opportunities for future trial litigation.
9. Provoking an interference may afford a party a stronger settlement position.
10. A successful interference outcome can result in a patent term extension.