How are non-involved claims treated after an interference proceeding?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
Claims that were not involved in an interference proceeding remain pending in the application after the final decision. As stated in MPEP 2308.01:
“Claims which were not involved in the interference will remain in the application or patent as they were prior to the interference.”
This means that these claims are not affected by the interference judgment and continue to be examined or remain granted as before the interference.
Topics:
MPEP 2300 - Interference And Derivation Proceedings
MPEP 2308.01 - Final Disposal Of Claims
Patent Law
Patent Procedure