What is the effect of an interference judgment on corresponding claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. An interference judgment has a direct and binding effect on claims that correspond to the count of the interference. 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.” This means: If a party wins the interference, their corresponding claims may be allowed. If a party loses the interference, their corresponding claims will typically be rejected or canceled. The judgment is binding and cannot be overcome by amending the lost claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Adverse Judgment Is Final Disposal of Claim MPEP 2308 Prohibited Claim Allowance Consistent With Interference Judgment MPEP 2308 Recommended Estoppel After Judgment Disposes of Issues MPEP 2308 Prohibited Adverse Judgment Requires No Further Office Action MPEP 2308 Prohibited Examiner Must Maintain Rejection Unless Overcome MPEP 2308 Required No Further Examiner Action Required on Claim After Final Disposal MPEP 2308.01 Judgment Against Claim Finally Disposes of It MPEP 2308.01 No Allowable Claims Require Notice of Abandonment MPEP 2308.01 Recommended Losing Party Cannot Reopen Issues Adjudicated Against Them MPEP 2308 Prohibited Estoppel After Judgment for Properly Decided Issues MPEP 2308 Prohibited Other Related FAQs 5 FAQs Collapse Can claims be amended after an interference proceeding? What is the significance of the count in an interference proceeding? How does an interference judgment affect a patent claim? What types of judgments in an interference lead to final disposal of claims? What happens to claims in an interference proceeding...