MPEP 2308.03(b)
No Interference-in-Fact

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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2308.03(b)    No Interference-in-Fact [R-08.2012]

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 consistent with 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.