How do courts determine equitable intervening rights in patent cases?

Courts consider several factors when determining whether to grant equitable intervening rights in patent cases:

• The nature and extent of the accused infringer’s reliance on the original patent claims
• The amount of time between the grant of the original patent and its reissue or reexamination
• The infringer’s good faith and investment in the infringing product or process
• The relative equities between the patent owner and the accused infringer

According to MPEP 2293, which references 35 U.S.C. 252: “[T]he court may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, used, or imported as specified in subsection (a), or the practice of, or for the continued practice of, the process patented in the reissued patent.”

The court has discretion in granting equitable intervening rights, and each case is evaluated on its specific circumstances. The goal is to balance the rights of the patent owner with the investments and actions of those who relied on the original patent claims.

To learn more:

• equitable intervening rights
• patent law
• court determination
• patent infringement