How do intervening rights in inter partes reexamination compare to those in reissue patents?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Intervening rights in inter partes reexamination are essentially the same as those for reissue patents. The MPEP 2693 clearly states: “ The situation of intervening rights resulting from inter partes reexamination proceedings parallels the intervening rights situation resulting from reissue patents or from ex parte reexamination proceedings. The rights detailed in 35 U.S.C. 252 for reissue apply equally in reexamination and reissue situations. “ This means that the legal principles and protections established for intervening rights in reissue patents are also applicable to patents that have undergone inter partes reexamination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Inter Partes Reexamination After September 16, 2012 MPEP 2693 No Acceptance After September 16, 2012 MPEP 2693 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Patent Practitioner Can Sign Ownership for Reissue After September 16, 2012 MPEP 1410.02 Permitted Signature Requirement for Reissue Applications Filed Before Sept. 16, 2012 MPEP 1410.02 Requirement for Reissue Oath or Declaration MPEP 1414 Requirement for Reissue Oath or Declaration MPEP 1414 No Petition Needed for Reissue Applications Filed After September 16, 2012 MPEP 1414 Required Oath or Declaration Required for Reissue Applications Filed On or After September 16, 2012 MPEP 1414.01 Requirement for No Deceptive Intent in Reissue Application Before September 16, 2012 MPEP 1414.02 Required Other Related FAQs 5 FAQs Collapse Who can benefit from intervening rights in inter partes reexamination? What court cases have addressed intervening rights in reexamination? How do intervening rights affect pa...