When do intervening rights apply to reinstated patents?
Intervening rights apply to reinstated patents during a specific time frame. According to MPEP § 2591, these rights are applicable to actions taken: After the 6-month grace period for paying the maintenance fee But prior to the acceptance of the late maintenance fee The MPEP states: “A court before which such matter is in question…
Read MoreWhat are the types of intervening rights for reinstated patents?
There are two types of intervening rights for reinstated patents: Absolute intervening rights: These allow continued use of specific things made, purchased, or used before the reinstatement. Equitable intervening rights: These may be granted by the court to allow continued manufacture, use, or sale of additional products. As stated in MPEP 2591: “The court must…
Read MoreWhat are intervening rights in reinstated patents?
Intervening rights in reinstated patents are legal protections provided by 35 U.S.C. 41(c)(2) for individuals or businesses who used or made substantial preparations to use a patented invention during the period when the patent had lapsed due to non-payment of maintenance fees, but before it was reinstated. According to MPEP § 2591: “No patent, the…
Read MoreWhat is the impact of intervening rights on patent enforcement?
Intervening rights can significantly impact patent enforcement after a patent has been reinstated. According to MPEP § 2591, the patent holder’s ability to enforce their rights may be limited against certain parties who acted during the lapse period. The MPEP states: “No patent, the term of which has been maintained as a result of the…
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