What are the consequences of a judgment of no interference-in-fact for future interferences?
A judgment of no interference-in-fact has significant consequences for future interferences between the same parties. According to MPEP 2308.03(b):
“A judgment of no interference-in-fact bars any further interference between the same parties for claims to the same invention as the count of the interference.”
This means that once a judgment of no interference-in-fact is issued, the same parties cannot initiate another interference proceeding for claims related to the same invention that was the subject of the original interference count.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.03(B) - No Interference - In - Fact,
Patent Law,
Patent Procedure