What happens if the Board determines there is no interference-in-fact?

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.

If the Patent Trial and Appeal Board (PTAB) determines that there is no interference-in-fact between the parties for the subject matter of the count, this decision is final and cannot be reopened in further examination. The MPEP 2308.03(c) clearly states:

“If the Board held that there is no interference-in-fact between the parties for the subject matter of the count, that holding may not be reopened in further examination.”

This means that once the Board has made this determination, it is binding and cannot be challenged or revisited in subsequent patent examinations or proceedings.