What is the legal concept of estoppel in patent interference proceedings?
In patent interference proceedings, estoppel is a legal concept that prevents a party from raising an issue if they have already lost on that issue during the interference. This principle is outlined in MPEP 2308.03(a), which states:
“A party is barred (estopped) from raising an issue if the party lost on the issue during the interference.”
This means that if a party has unsuccessfully argued a particular point during an interference proceeding, they cannot later attempt to re-litigate or raise that same issue in subsequent proceedings or patent applications.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.03(A) - Losing Party,
Patent Law,
Patent Procedure