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,…
Read MoreWhat 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:…
Read MoreHow can I reinstate an inadvertently abandoned patent application?
If your patent application was inadvertently abandoned, you can typically reinstate it by filing a petition to revive. The MPEP states: “In most cases, a petition to revive under 37 CFR 1.137 will be the appropriate remedy.” This petition should be filed promptly after receiving the notice of abandonment. The specific requirements for the petition…
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