MPEP Section 2308.03(b), No Interference-in-Fact

Executive summary:

This document contains Section 2308.03(b) ("No Interference-in-Fact") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.

Previous Section (§2308.03(a)) | Next Section (§2308.03(c))

2308.03(b) No Interference-in-Fact [R-4]

A judgment of no interference-in-fact means that no interference is needed to resolve priority between the parties. Neither party has lost the interference for the purpose of estoppel, 37 CFR 41.127(a)(1), even if one of the parties suggested the interference.

A judgment of no interference-in-fact bars any further interference between the same parties for claims to the same invention as the count of the interference.<

>