What are the consequences of a final decision adverse to a patentee in an interference proceeding?

A final decision adverse to a patentee in an interference proceeding can have significant consequences, including the cancellation of patent claims. According to 35 U.S.C. 135 (pre-AIA):

“A final judgment adverse to a patentee from which no appeal or other review has been or can be taken or had shall constitute cancellation of the claims involved in the patent, and notice of such cancellation shall be endorsed on copies of the patent distributed after such cancellation by the Patent and Trademark Office.”

This means that if a patentee loses an interference proceeding and exhausts all appeal options, the claims involved in the interference will be cancelled from their patent. The USPTO will then endorse this cancellation on future copies of the patent, effectively removing those claims from the patent’s scope of protection.

To learn more:

• interference proceedings
• adverse decision
• patent claims
• cancellation