INTERVENING RIGHTS

INTERVENING RIGHTS

intervening rights. Patents. An infringement defense based on the right of a person who practiced a patent’s broadened claims to continue practicing, even though a patent is later reissued with broader claims because of inadvertent claim errors in the original patent. ¡ª Also termed doctrine of intervening rights. 35 USCA ¡ì 252, ?

2. [Cases: Patents 138(2). C.J.S. Patents ¡ì¡ì 243¨C244.]


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