What happens if an applicant fails to respond to a rejection in an interference?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If an applicant fails to respond to a rejection in an interference, the consequences can be severe. According to MPEP 2303 : “Failure to respond to a rejection on the merits in an application subject to an interference will result in a recommendation that the claims of the application be rejected.” This means that if an applicant doesn’t address rejections made during the interference process, the examiner will likely recommend that the claims be rejected, potentially leading to the loss of patent rights for those claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Applications Not Subject to Patent Term Adjustments MPEP 2303 Interference Not Declared If Genus Claim Allowed MPEP 2303 Application Not Ready for Interference If Rejection Contested MPEP 2303 Examination and Claim Requirements Before Contested Case Initiation MPEP 2303 Permitted Claim Must Be Involved in Contested Case MPEP 2303 Interference Should Be Suggested Only After Exhausting Other Issues MPEP 2303 Recommended Pending Claims Must Be Allowed, Rejected, or Cancelled MPEP 2303 Required Appeal From Final Rejection Must Be Completed Including Judicial Review MPEP 2303 Required Any Petition Must Be Decided MPEP 2303 Required Restriction of Application to One Invention Removes Interference Impediment MPEP 2303 Other Related FAQs 5 FAQs Collapse Can an examiner make a final rejection during an interference? How does an examiner handle allowable claims in an interference? How are non-interfering claims handled in applications going into interference? What are the key requirements for completing examination before initiating an interference? How are patent term adjustments affected by interf...