How does the court determine equitable intervening rights?

The court determines equitable intervening rights based on several factors. According to MPEP 2591:

“The court is to determine whether the terms are reasonable under the circumstances, and here the court should take into consideration the investments necessarily made or business commenced before the revival of the patent.”

Factors that the court may consider include:

• Investments made before patent reinstatement
• Business activities commenced prior to revival
• The extent of preparations for continued practice
• The nature of the subject matter claimed in the reinstated patent
• The potential economic impact on the alleged infringer

Each case is evaluated on its own merits, and the court has discretion in granting equitable intervening rights.

To learn more:

• equitable intervening rights
• court determination
• patent reinstatement
• economic impact