What happens to an application if all claims are rejected in an interference?

If all claims in a patent application are rejected as a result of an interference proceeding, the application is typically abandoned. The MPEP 2308.01 states: “If no claim remains allowable to the applicant, a notice of abandonment should be issued.” This means that when an interference judgment results in the disposal of all claims in an application, leaving no allowable claims, the patent examiner will issue a notice of abandonment for the entire application.

This process ensures that applications without any viable claims are formally closed, preventing further prosecution and allowing the USPTO to efficiently manage its workload.

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2308.01 - Final Disposal Of Claims, Patent Law, Patent Procedure
Tags: abandonment, Interference Judgment, notice of abandonment, rejected claims