Who can benefit from intervening rights in inter partes reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Intervening rights in inter partes reexamination can benefit individuals or entities who have used or made preparations to use a patented invention before the patent was amended or new claims were added during reexamination. According to 35 U.S.C. 316(b), these rights apply to:

“Any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, prior to issuance of a certificate under the provisions of subsection (a) of this section.“

This provision protects those who have invested in or used the invention before the changes to the patent, allowing them to continue their activities without infringing on the amended or new claims.