What court cases have addressed intervening rights in reexamination?
Several important court cases have addressed intervening rights in the context of reexamination. The MPEP 2693 cites the following cases: Fortel Corp. v. Phone-Mate, Inc., 825 F.2d 1577, 3 USPQ2d 1771 (Fed. Cir. 1987) Kaufman Co., Inc. v. Lantech, Inc., 807 F.2d 970, 1 USPQ2d 1202 (Fed. Cir. 1986) Tennant Co. v. Hako Minuteman, Inc.,…
Read MoreWhat are the consequences of accepting delayed payment of maintenance fees?
When the USPTO accepts delayed payment of maintenance fees for an expired patent, there are specific consequences as outlined in MPEP 2590: “If the Director accepts payment of the maintenance fee upon petition, the patent shall be considered as not having expired, but will be subject to the conditions set forth in 35 U.S.C. 41(c)(2).”…
Read MoreWho can benefit from intervening rights in inter partes reexamination?
Intervening rights in inter partes reexamination can benefit individuals or entities who have used or made preparations to use a patented invention before the patent was amended or new claims were added during reexamination. According to 35 U.S.C. 316(b), these rights apply to: “Any person who made, purchased, or used within the United States, or…
Read MoreWhat activities are protected by intervening rights?
Intervening rights protect a range of activities related to the patented invention during the lapse period. MPEP § 2591 outlines the following protected activities: Making Purchasing Importing Using Selling to others for use or sale The MPEP specifically states: “…the right of any person or his or her successors in business who made, purchased, imported,…
Read MoreWhat activities are protected by intervening rights in patent reexamination?
Intervening rights in patent reexamination protect specific activities carried out before the issuance of a reexamination certificate. According to 35 U.S.C. 307(b), these activities include: Making the patented invention Purchasing the patented invention Using the patented invention within the United States Importing the patented invention into the United States Making substantial preparation for any of…
Read MoreCan 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: Absolute intervening rights: These allow continued…
Read MoreWhat are intervening rights in patent reissue?
Intervening rights are defenses to patent infringement that arise from the reissue of an original patent. 35 U.S.C. 252 provides for two types of intervening rights: Absolute intervening rights: These apply to parties who, prior to the reissue, made, purchased, offered to sell, used, or imported anything patented by the reissued patent. Equitable intervening rights:…
Read MoreHow does the “intervening rights” doctrine affect patent reissue recapture?
How does the “intervening rights” doctrine affect patent reissue recapture? The “intervening rights” doctrine is an important consideration in patent reissue cases, including those involving recapture. While not directly part of the recapture analysis, it can affect the enforceability of reissued patent claims. According to MPEP 1460, intervening rights are provided for in 35 U.S.C.…
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