Can a party suggest an interference that results in a no interference-in-fact judgment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a party can suggest an interference that ultimately results in a judgment of no interference-in-fact. The MPEP 2308.03(b) addresses this scenario: “Neither party has lost the interference for the purpose of estoppel consistent with 37 CFR 41.127(a)(1), even if one of the parties suggested the interference.” This statement implies that it’s possible for a party to suggest an interference that ends with a no interference-in-fact judgment. Importantly, the party suggesting the interference does not face negative consequences, such as losing the interference or being subject to estoppel, simply for making the suggestion. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Estoppel After Judgment of No Interference MPEP 2308.03(b) Claim Allowance Consistent With Interference Judgment MPEP 2308 Recommended No Estoppel Despite Suggested Interference MPEP 2308.03(b) Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required Priority Resolution After Interference MPEP 2308 Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Losing Party Cannot Reopen Issues Adjudicated Against Them MPEP 2308 Prohibited Estoppel After Judgment for Properly Decided Issues MPEP 2308 Prohibited Losing Party Cannot Take Inconsistent Action Post-Judgment MPEP 2308 Prohibited Adverse Judgment Requires No Further Office Action MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse What are the consequences of a judgment of no interference-in-fact for future interferences? Does a judgment of no interference-in-fact result in either party losing the interference? What does a judgment of &#8220;no interference-in-fact&#8221; mean in patent law? What is the relationship bet...