What are intervening rights in inter partes reexamination?
Intervening rights in inter partes reexamination are legal protections granted to individuals or entities who have used or made substantial preparations to use a patented invention before the patent was amended or new claims were added during reexamination. These rights are outlined in 35 U.S.C. 316(b), which states:
“Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes reexamination proceeding shall have the same effect as that specified in section 252 of this title for reissued patents“
This means that the intervening rights provisions for reissued patents also apply to patents that have undergone inter partes reexamination.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2693 - Intervening Rights,
Patent Law,
Patent Procedure