What are the consequences of a final decision adverse to a patentee in an interference proceeding?

A final decision adverse to a patentee in an interference proceeding can have significant consequences, including the cancellation of patent claims. According to 35 U.S.C. 135 (pre-AIA): “A final judgment adverse to a patentee from which no appeal or other review has been or can be taken or had shall constitute cancellation of the claims…

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What happens to the right to petition if all linking claims are canceled after a final restriction?

The right to petition against a restriction requirement is preserved even if all linking claims are canceled after the restriction is made final. The MPEP Section 818.01(d) clearly states: “If restriction is made final following consideration of a traverse, the right to petition is preserved even if all linking claims are canceled.” This provision ensures…

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Can an examiner cancel non-elected claims without prior authorization from the applicant?

Yes, an examiner can cancel non-elected claims without prior authorization from the applicant under specific circumstances. This authority is granted to examiners by 37 CFR 1.142(b). According to MPEP 821.01: “If applicant has not canceled the nonelected claims or taken other appropriate action (37 CFR 1.144) after the conclusion of the prosecution as defined in…

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