Can intervening rights apply to a reissue patent?

Can intervening rights apply to a reissue patent?

Yes, intervening rights can apply to a reissue patent. The concept of intervening rights is designed to protect parties who may have relied on the claims of the original patent before it was reissued. There are two types of intervening rights:

1. Absolute intervening rights: These allow continued use of specific products made before the reissue.
2. Equitable intervening rights: These may be granted by a court to allow continued practice of the patented invention.

According to MPEP 1460: “The effect of the reissue of a patent is to create a new patent and the patentee’s rights and duties are governed by the new patent.” However, this is subject to intervening rights as provided in 35 U.S.C. 252, which protects those who may have acted in reliance on the original patent claims.

To learn more:

• intervening rights
• reissue patent
• absolute intervening rights
• equitable intervening rights