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Intervening rights

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U.S. patent law Edit

Intervening rights is a defense to an allegation of patent infringement. Intervening rights exist when a patent is later reissued with broader claims because of inadvertent errors in claim instruction on the original patent. Any person who practiced the broadened claims prior to the reissue may continue. For such a person, infringement would result only if he or she practiced the surviving, narrower claims.[1]

References Edit

  1. MPEP 1460.

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