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 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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