What does a judgment of “no interference-in-fact” mean in patent law?
A judgment of “no interference-in-fact” in patent law means that no interference proceeding is necessary to resolve priority between the parties. As stated in MPEP 2308.03(b):
“A judgment of no interference-in-fact means that no interference is needed to resolve priority between the parties.”
This judgment indicates that the claims of the parties do not overlap in a way that requires a formal interference proceeding to determine who has the right to the invention.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.03(B) - No Interference - In - Fact,
Patent Law,
Patent Procedure