Does a judgment of no interference-in-fact result in either party losing the interference?

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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. No, a judgment of no interference-in-fact does not result in either party losing the interference. The MPEP 2308.03(b) clearly states: “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 means that neither party is considered to have lost the case, and no estoppel effects will apply as a result of this judgment. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Estoppel After Judgment of No Interference MPEP 2308.03(b) No Estoppel Despite Suggested Interference MPEP 2308.03(b) Claim Allowance Consistent With Interference Judgment MPEP 2308 Recommended Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required 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 Adverse Judgment Is Final Disposal of Claim MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse What are the consequences of a judgment of no interference-in-fact for future interferences? What does a judgment of &#8220;no interference-in-fact&#8221; mean in patent law? What is the relationship between a judgment of no interference-in-fact and patent priority? Can a party suggest an interference that results in a no interference-in-fact judgment? Can an applicant add or amend claims during an interference proceeding?