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.”
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2591 - Intervening Rights In Reinstated Patents,
Patent Law,
Patent Procedure