Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2300 – Interference And Derivation Proceedings (1)
After a final decision in an interference proceeding, the claims are handled as follows:
- Claims that were not involved in the interference remain pending in the application.
- Claims that were involved in the interference are disposed of according to the judgment.
- Claims that correspond to the count(s) of the interference are disposed of in accordance with the judgment.
As stated in MPEP 2308.01: “The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.”
To learn more:
MPEP 2308.01 – Final Disposal Of Claims (1)
After a final decision in an interference proceeding, the claims are handled as follows:
- Claims that were not involved in the interference remain pending in the application.
- Claims that were involved in the interference are disposed of according to the judgment.
- Claims that correspond to the count(s) of the interference are disposed of in accordance with the judgment.
As stated in MPEP 2308.01: “The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.”
To learn more:
MPEP 2600 – Optional Inter Partes Reexamination (1)
No, a Patent Trial and Appeal Board (PTAB) decision that includes a new ground of rejection is not considered final. According to MPEP 2681:
A decision which includes a new ground of rejection or a remand will be considered a non-final decision. Until the Board issues a final decision, the parties to the appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under 37 CFR 41.81.
This non-final status allows the patent owner to respond to the new ground of rejection by either:
- Reopening prosecution before the examiner
- Requesting a rehearing by the Board
The decision becomes final only after these procedures have been completed or the time for response has expired.
To learn more:
MPEP 2681 – Board Decision (1)
No, a Patent Trial and Appeal Board (PTAB) decision that includes a new ground of rejection is not considered final. According to MPEP 2681:
A decision which includes a new ground of rejection or a remand will be considered a non-final decision. Until the Board issues a final decision, the parties to the appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under 37 CFR 41.81.
This non-final status allows the patent owner to respond to the new ground of rejection by either:
- Reopening prosecution before the examiner
- Requesting a rehearing by the Board
The decision becomes final only after these procedures have been completed or the time for response has expired.
To learn more:
Patent Law (2)
After a final decision in an interference proceeding, the claims are handled as follows:
- Claims that were not involved in the interference remain pending in the application.
- Claims that were involved in the interference are disposed of according to the judgment.
- Claims that correspond to the count(s) of the interference are disposed of in accordance with the judgment.
As stated in MPEP 2308.01: “The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.”
To learn more:
No, a Patent Trial and Appeal Board (PTAB) decision that includes a new ground of rejection is not considered final. According to MPEP 2681:
A decision which includes a new ground of rejection or a remand will be considered a non-final decision. Until the Board issues a final decision, the parties to the appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under 37 CFR 41.81.
This non-final status allows the patent owner to respond to the new ground of rejection by either:
- Reopening prosecution before the examiner
- Requesting a rehearing by the Board
The decision becomes final only after these procedures have been completed or the time for response has expired.
To learn more:
Patent Procedure (2)
After a final decision in an interference proceeding, the claims are handled as follows:
- Claims that were not involved in the interference remain pending in the application.
- Claims that were involved in the interference are disposed of according to the judgment.
- Claims that correspond to the count(s) of the interference are disposed of in accordance with the judgment.
As stated in MPEP 2308.01: “The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.”
To learn more:
No, a Patent Trial and Appeal Board (PTAB) decision that includes a new ground of rejection is not considered final. According to MPEP 2681:
A decision which includes a new ground of rejection or a remand will be considered a non-final decision. Until the Board issues a final decision, the parties to the appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under 37 CFR 41.81.
This non-final status allows the patent owner to respond to the new ground of rejection by either:
- Reopening prosecution before the examiner
- Requesting a rehearing by the Board
The decision becomes final only after these procedures have been completed or the time for response has expired.
To learn more: