What happens to claims in an interference proceeding after a final decision?

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.

After a final decision in an interference proceeding, the claims are handled as follows:

• Claims that were not involved in the interference remain pending in the application.
• Claims that were involved in the interference are disposed of according to the judgment.
• Claims that correspond to the count(s) of the interference are disposed of in accordance with the judgment.

As stated in MPEP 2308.01: “The claims of an application or patent which correspond to the count or counts of an interference will be disposed of in accordance with the judgment in the interference.”