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

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.”

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2308.01 - Final Disposal Of Claims, Patent Law, Patent Procedure
Tags: Claim Disposal, Final Decision, Interference Proceedings, patent claims