What 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 find that substantial preparation was made before the patent was reinstated for the amendment to permit continued practice of the subject matter claimed in the reissue patent.”

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Topics: MPEP 2500 - Maintenance Fees, MPEP 2591 - Intervening Rights In Reinstated Patents, Patent Law, Patent Procedure
Tags: absolute intervening rights, equitable intervening rights, intervening rights, Reinstated Patents