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2361 Termination of Interference After Judgment - 2300 Interference Proceedings
2361 Termination of Interference After Judgment
37 CFR 1.661 Termination of interference after judgment.
After a final decision is entered by the Board, an interference is considered terminated when no appeal ( 35 U.S.C. 141) or other review ( 35 U.S.C. 146) has been or can be taken or had.
37 CFR 1.661 sets forth when an interference is considered terminated after a judgment is entered in the interference. For the purpose of filing copies of settlement agreements under 35 U.S.C. 135(c), if an appeal or civil action is not filed, the interference is considered terminated as of the date the time for filing an appeal or civil action expired. 37 CFR 1.661; Tallent v. Lamoine, 204 USPQ 1058 (Comm'r Pat. 1979). See also Nelson v. Bowler, 212 USPQ 760 (Comm'r Pat. 1981). If an appeal is taken to the Court of Appeals for the Federal Circuit, the interference terminates on the date of receipt of the court's mandate by the U.S. Patent and Trademark Office. See MPEP § 1216.01. If a civil action is filed, and the decision of the district court is not appealed, the interference terminates on the date the time for filing an appeal from the court's decision expires. Hunter v. Beissbarth, 15 USPQ2d 1343 (Comm'r Pat. 1990).
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