---
kind: "section"
citation: "37 C.F.R. § 41.203"
title: "37"
number: "41.203"
heading: "Declaration."
url: "https://uscodex.org/cfr/37/41.203"
---

# §41.203. Declaration.

- (a) **Interfering subject matter.** An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.
- (b) **Notice of declaration.** An administrative patent judge declares the patent interference on behalf of the Director. A notice declaring an interference identifies:
  - (1) The interfering subject matter;
  - (2) The involved applications, patents, and claims;
  - (3) The accorded benefit for each count; and
  - (4) **The claims corresponding to each count.**
- (c) **Redeclaration.** An administrative patent judge may redeclare a patent interference on behalf of the Director to change the declaration made under [paragraph (b)](#b) of this section.
- (d) A party may suggest the addition of a patent or application to the interference or the declaration of an additional interference. The suggestion should make the showings required under [§ 41.202(a)](/cfr/37/41.202.md?p=a) of this part.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.