What types of judgments in an interference lead to final disposal of claims?

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.

According to MPEP 2308.01, there are multiple types of judgments in an interference that can lead to the final disposal of claims. The section states: “Judgment against a claim in an interference, including any judgment on priority or patentability, finally disposes of the claim.” This means that the following types of judgments can result in final disposal:

• Priority judgments: Determining which party was the first to invent
• Patentability judgments: Deciding if the claim meets the requirements for patentability
• Other adverse judgments: Any other judgment that goes against the claim in question

Each of these judgments, when rendered against a claim, results in the final disposal of that claim, preventing further prosecution in its current form.