What are intervening rights?

Intervening rights refer to the rights of parties who may be infringing on a patent to continue using previously made products or processes without facing infringement claims. This concept typically arises in situations where a patent is reissued, or its claims are amended in a way that broadens the scope of the patent. In such cases, parties who relied on the earlier version of the patent may be granted intervening rights, allowing them to maintain their existing activities without legal repercussions, as they were operating under the understanding that their use was permissible under the prior patent claims.

This principle helps balance the rights of patent holders with the interests of individuals or businesses that have already invested in or developed technologies before the changes were made to the patent. Intervening rights serve as a legal safeguard to ensure that reasonable expectations based on prior patent claims are honored, thus fostering stability in technological development and investment.