When do intervening rights apply to reinstated patents?

Intervening rights apply to reinstated patents during a specific time frame. According to MPEP § 2591, these rights are applicable to actions taken:

  • After the 6-month grace period for paying the maintenance fee
  • But prior to the acceptance of the late maintenance fee

The MPEP states:

“A court before which such matter is in question may provide for the continued manufacture, use, importation, or sale of the thing made, purchased, imported, or used as specified, or for the manufacture, use, importation, or sale of which substantial preparation was made after the 6-month grace period but before the acceptance of the late maintenance fee.”

This timing is crucial for determining whether intervening rights can be claimed and to what extent they may be granted by a court.

To learn more:

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