What is the effect of an interference judgment on corresponding claims?

An interference judgment has a direct and binding effect on claims that correspond to the count of the interference. As stated in MPEP 2308.01:

“The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.”

This means:

• If a party wins the interference, their corresponding claims may be allowed.
• If a party loses the interference, their corresponding claims will typically be rejected or canceled.
• The judgment is binding and cannot be overcome by amending the lost claims.

To learn more:

• interference judgment
• corresponding claims
• claim disposal