How does an adverse judgment affect patent claims in interference proceedings?

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.

An adverse judgment can have significant consequences for patent claims in interference proceedings. According to MPEP 2304.04(c), Form Paragraph 7.49 addresses this situation:

“An adverse judgment against claim [1] has been entered by the Board. Claim [2] stand(s) finally disposed of for failure to reply to or appeal from the examiner’s rejection of such claim(s) presented for interference within the time for appeal or civil action specified in 37 CFR 90.3.”

The MPEP further clarifies: “Adverse judgment against a claim is a final action of the Office requiring no further action by the Office to dispose of the claim permanently.”

This means that if an adverse judgment is entered against a claim in an interference proceeding, and the applicant fails to reply or appeal within the specified time, the claim is permanently disposed of. This is a final action that effectively terminates the claim’s potential for patentability.