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 is the difference between absolute and equitable intervening rights?

The main differences between absolute and equitable intervening rights are: Absolute intervening rights: Apply automatically Cover specific items made, purchased, or used before reinstatement Allow continued use without additional court approval Equitable intervening rights: Require court approval May allow continued manufacture, use, or sale of additional products Considered on a case-by-case basis MPEP 2591 states:…

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