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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