What happens to an application if all claims are rejected in an interference?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 all claims in a patent application are rejected as a result of an interference proceeding, the application is typically abandoned. The MPEP 2308.01 states: “ If no claim remains allowable to the applicant, a notice of abandonment should be issued. ” This means that when an interference judgment results in the disposal of all claims in an application, leaving no allowable claims, the patent examiner will issue a notice of abandonment for the entire application. This process ensures that applications without any viable claims are formally closed, preventing further prosecution and allowing the USPTO to efficiently manage its workload. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Allowable Claims Require Notice of Abandonment MPEP 2308.01 Recommended Adverse Judgment Is Final Disposal of Claim MPEP 2308 Prohibited Claim Allowance Consistent With Interference Judgment MPEP 2308 Recommended Adverse Judgment Requires No Further Office Action MPEP 2308 Prohibited Judgment Against Claim Finally Disposes of It MPEP 2308.01 Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required No Further Examiner Action Required on Claim After Final Disposal MPEP 2308.01 Examiner Must Reopen Prosecution for Further Action Recommendations MPEP 2308 Required Examiner Must Update Search If No Judgment Recommendation MPEP 2308 Required Other Related FAQs 5 FAQs Collapse Can claims be amended after an interference proceeding? What is the significance of the count in an interference proceeding? What is the effect of an interference judgment on corresponding claims? How does an interference judgment affect a p...