When does an interference proceeding officially terminate?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 proceeding officially terminates after specific conditions are met. According to MPEP 2307:

“The Director has defined termination to occur after a final Board judgment in the interference and the period for seeking judicial review has expired or, if judicial review is sought, after completion of judicial review including any further action by the Board.”

This means that an interference is not considered terminated immediately after the Board’s final judgment. There is a waiting period for potential judicial review, and if such review is sought, the interference continues until all legal proceedings are completed.

Topics: MPEP 2300 - Interference And Derivation Proceedings MPEP 2307 - Action During An Interference Patent Law Patent Procedure
Tags: Contested Case Jurisdiction