What 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,…

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What 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…

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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: Absolute intervening rights: These allow continued…

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What 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:…

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How 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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