What is the significance of “substantially identical” claims in intervening rights?
The concept of “substantially identical” claims is crucial in determining whether intervening rights apply in patent reexamination or reissue cases: Intervening rights only apply to claims that are not substantially identical to the original claims. If a claim is substantially identical to the original, it is treated as if it was in the original patent,…
Read MoreHow does a reissued patent affect pending actions or existing causes of action?
The effect of a reissued patent on pending actions or existing causes of action is addressed in 35 U.S.C. 252. According to this statute: “in so far as the claims of the original and reissued patents are substantially identical, such surrender shall not affect any action then pending nor abate any cause of action then…
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