Can claims be amended after an interference proceeding?

The ability to amend claims after an interference proceeding depends on the outcome and the nature of the claims. MPEP 2308.01 provides guidance:

• Claims corresponding to a lost count cannot be amended to avoid the interference judgment.
• Non-involved claims or claims corresponding to a won count may potentially be amended, subject to examination.

The MPEP states: “A party is not entitled to amend claims corresponding to a lost count so as to avoid the effect of the interference judgment.” However, amendments to other claims may be possible during subsequent examination, provided they don’t conflict with the interference decision.

To learn more:

• claim amendments
• post-interference
• patent prosecution