How does an interference judgment affect a patent claim?
An interference judgment has a significant impact on a patent claim. According to MPEP 2308.01, “Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim.” This means that once a judgment is rendered against a claim in an interference proceeding, that claim is effectively terminated and cannot be pursued further in its current form.
The MPEP further states that “No further action is needed from the examiner on that claim.” This indicates that the interference judgment is conclusive, and the patent examiner does not need to take any additional steps regarding the disposed claim.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.01 - Final Disposal Of Claims,
Patent Law,
Patent Procedure