What is the effective date for intervening rights in patent reexamination?

The effective date for intervening rights in patent reexamination is crucial for determining when these rights begin to apply. Key points include:

• The effective date is the issue date of the reexamination certificate.
• Intervening rights do not apply retroactively to the original patent date.
• Actions taken after the reexamination certificate’s issue date may be subject to infringement if they fall under the amended or new claims.

The MPEP 2293 states: “The date of the reexamination certificate is the date of issue of the certificate under 35 U.S.C. 307.”

This effective date is important because it marks the point at which the amended or new claims become enforceable. Any activities that occurred before this date may be protected under intervening rights, while those after may be subject to the new or amended claims.

To learn more:

• effective date
• intervening rights
• patent reexamination
• reexamination certificate