Can a claim be revived after an interference judgment?

Generally, a claim that has been subject to an adverse interference judgment cannot be revived in its current form. The MPEP 2308.01 is clear on this point: “Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim.” This finality means that the claim, as judged in the interference, cannot be pursued further.

However, it’s important to note that while the specific claim as judged cannot be revived, inventors may still have options to protect their invention. These might include:

• Filing a continuation application with modified claims
• Appealing the interference decision if there are grounds to do so
• Considering alternative forms of intellectual property protection

Any such actions would need to be taken in accordance with USPTO rules and deadlines, and it’s advisable to consult with a patent attorney for specific guidance.

To learn more:

• interference judgment
• claim revival
• final disposition
• continuation application
• patent appeal