MPEP § 2308.03(a) — Losing Party (Annotated Rules)

§2308.03(a) Losing Party

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2308.03(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Losing Party

This section addresses Losing Party. Contains: 2 permissions and 2 other statements.

Key Rules

Topic

PTAB Contested Case Procedures

4 rules
MPEP GuidanceInformativeAlways
[mpep-2308-03-a-adccd5a16fb659e088c71837]
Party Barred from Raising Lost Issue During Interference
Note:
A party is prevented from raising an issue they previously lost during the interference process.

A party is barred (estopped) from raising an issue if the party lost on the issue during the interference. A party may lose on one issue, yet not lose on a different issue.

Jump to MPEP SourcePTAB Contested Case Procedures
MPEP GuidancePermittedAlways
[mpep-2308-03-a-28438af97cde104b1cb71919]
Loss on One Issue Does Not Preclude Victory on Another
Note:
A party can lose a specific issue in an interference but still win on different issues.

A party is barred (estopped) from raising an issue if the party lost on the issue during the interference. A party may lose on one issue, yet not lose on a different issue.

Jump to MPEP SourcePTAB Contested Case Procedures
MPEP GuidanceInformativeAlways
[mpep-2308-03-a-3dae1c29008f69d5daa584d7]
Opponent Lost on Method of Using Compound but Not Compound Itself
Note:
The opponent lost the interference on a count drawn to methods of using a compound, while the applicant retained claims to the compound.

The applicant lost the interference on a count drawn to a compound, but the opponent lost on a count drawn to methods of using the compound. The applicant may continue to pursue claims to the method of using the compound, but not claims to the compound itself.

Jump to MPEP SourcePTAB Contested Case Procedures
MPEP GuidancePermittedAlways
[mpep-2308-03-a-adc3f11d9acc01ec9b0946a4]
Method of Using Compound Allowed After Loss on Compound
Note:
The applicant may continue to pursue claims related to the method of using a compound, even after losing an interference count on claims to the compound itself.

The applicant lost the interference on a count drawn to a compound, but the opponent lost on a count drawn to methods of using the compound. The applicant may continue to pursue claims to the method of using the compound, but not claims to the compound itself.

Jump to MPEP SourcePTAB Contested Case Procedures

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31