Can a party claim the same invention after losing an interference?
If a party loses an interference proceeding and subsequently attempts to claim the same invention as the count in the lost interference, their claims will be rejected. The MPEP 2308.03(c) provides clear guidance on this matter:
“If a party that lost the earlier interference is again claiming the same invention as the count, the interfering claims should be rejected as estopped.”
This means that the losing party is estopped (legally prevented) from claiming the same invention in subsequent patent applications or proceedings. This rule helps prevent repeated litigation over the same subject matter and ensures finality in patent interference decisions.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.03(C) - No Second Interference,
Patent Law,
Patent Procedure