How do intervening rights in inter partes reexamination compare to those in reissue patents?
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.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2693 - Intervening Rights,
Patent Law,
Patent Procedure