What happens to an application after termination of an interference?

After the termination of an interference, the application undergoes specific procedures. According to MPEP 2303:

“When an interference is terminated, the application returns to ex parte prosecution. The application is returned to the examiner who may need to take further action in the application.”

This means that:

  • The application resumes normal ex parte prosecution
  • The examiner regains control of the application
  • Further examination actions may be necessary

The examiner will review the outcome of the interference and any decisions made by the Patent Trial and Appeal Board (PTAB). Based on this review, they may need to take additional actions such as issuing new rejections, considering amendments made during the interference, or potentially allowing the claims if they are now in condition for allowance.

To learn more:

Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2303 - Completion Of Examination, Patent Law, Patent Procedure
Tags: Ex Parte Prosecution, Interference Termination, MPEP 2303, patent examination