Ewing v. United States Ex Rel. Fowler Car Co.

Background

A patent applicant asked a court to force the Patent Office to declare a formal “interference” — a contest to decide who invented something first — after another inventor already had an earlier application and claims. The Patent Office rules describe how interferences work and require sworn statements about conception and dates. In this case the earlier application had seven claims, the later applicant adopted six of them, and the earlier inventor’s conception clearly predated the later filing.

Reasoning

The central question was whether the Patent Office Commissioner must declare an interference whenever two applications appear to conflict, or whether the Commissioner may first decide if an interference truly exists. The Court focused on the statute saying the Commissioner must act “in the opinion of the Commissioner,” and concluded that this language gives the Commissioner judgment and discretion. The Court said the rules about interferences do not override the statute and that administrative decision-making is appropriate before any court-ordered contest. The Court therefore reversed the lower court’s order and told it to dismiss the applicant’s petition.

Real world impact

The decision means the head of the Patent Office can decide whether to start formal contests over who invented first, rather than being forced to do so just because two filings look similar. An applicant who disagrees can still bring a regular court lawsuit to resolve invention priority, but cannot automatically compel the Office to open interference proceedings.