What is the purpose of the “No Second Interference” rule in patent law?

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.

The “No Second Interference” rule in patent law serves several important purposes:

  • Preventing redundant proceedings
  • Ensuring efficiency in the patent examination process
  • Providing finality to interference decisions
  • Conserving USPTO resources

As stated in MPEP 2308.03(c):

“No second interference should occur between the same parties on patentably indistinct subject matter.”

This rule helps maintain the integrity of the patent system by preventing parties from repeatedly contesting the same or similar inventions, thereby promoting certainty and finality in patent rights.

Topics: MPEP 2300 - Interference And Derivation Proceedings MPEP 2308.03(C) - No Second Interference Patent Law Patent Procedure
Tags: Contested Case Jurisdiction