How does res judicata apply in patent law?

Res judicata in patent law prevents patent owners or applicants from seeking claims that are not patentably distinct from claims previously refused or canceled during administrative trials or federal court proceedings. According to MPEP 2190:

“A patent owner or applicant may be precluded from seeking a claim that is not patentably distinct from a claim that was finally refused or canceled during an administrative trial or federal court proceeding under the doctrine of res judicata.”

This principle applies when the earlier decision was made by the Patent Trial and Appeal Board or a reviewing court, and there is no opportunity for further court review.

To learn more:

• res judicata
• patent claims
• administrative trials
• federal court proceedings
• patent prosecution