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MIAMI A
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LSDefine
Simple English definitions for legal terms
intervening rights
Read a random definition: failure to claim
A quick definition of intervening rights:
Intervening rights: A defense used in patent law that allows a person who was already using an invention before a patent was updated with broader claims to continue using it, even if the updated patent would otherwise prevent them from doing so. This is because the person had already been using the invention before the patent was updated, and it would be unfair to suddenly prevent them from doing so. This is also known as the doctrine of intervening rights.
A more thorough explanation:
Definition: Intervening rights are a defense against patent infringement. It allows a person who practiced a patent's broadened claims to continue practicing, even if the patent is later reissued with broader claims due to errors in the original patent.
For example, if a company has been using a certain technology for years and then a patent is issued for that technology, the company may be able to continue using the technology without infringing on the patent if the patent is later reissued with broader claims.
Another example would be if a patent was originally issued with narrow claims, but then the patent is reissued with broader claims due to errors in the original patent. In this case, anyone who was already using the technology covered by the original narrow claims would be allowed to continue using it without infringing on the reissued patent.