What is the relationship between a judgment of no interference-in-fact and patent priority?

A judgment of no interference-in-fact is directly related to patent priority issues. As stated in MPEP 2308.03(b):

“A judgment of no interference-in-fact means that no interference is needed to resolve priority between the parties.”

This judgment indicates that there is no conflict in priority between the parties’ claims that requires resolution through an interference proceeding. In essence, it means that the claims of the parties do not overlap in a way that creates a priority dispute, making an interference proceeding unnecessary to determine who has the right to the invention.

To learn more:

• interference-in-fact
• patent priority
• interference proceedings
• patent claims