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…
Read MoreHow does the AIA joint research agreement provision differ from the CREATE Act?
The AIA joint research agreement provision (AIA 35 U.S.C. 102(c)) and the CREATE Act have two major differences: The AIA provision is based on the effective filing date of the claimed invention, while the CREATE Act focuses on the date the claimed invention was made. The CREATE Act provisions only apply to obviousness rejections, whereas…
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