Patent Law FAQ

According to MPEP 2308.01, there are multiple types of judgments in an interference that can lead to the final disposal of claims. The section states: “Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim.” This means that the following types of judgments can result in final disposal:

• Priority judgments: Determining which party was the first to invent
• Patentability judgments: Deciding if the claim meets the requirements for patentability
• Other adverse judgments: Any other judgment that goes against the claim in question

Each of these judgments, when rendered against a claim, results in the final disposal of that claim, preventing further prosecution in its current form.

To learn more:

• interference judgments
• priority judgment
• patentability judgment
• final disposal
• claim termination