What are intervening rights?

Intervening rights refer specifically to the rights of parties who have been using a product or process that may infringe on a patent but were doing so prior to the patent being reissued or amended. When a patent is modified or reissued, the original users can claim intervening rights, allowing them to continue using their previously developed products or processes without the risk of infringing on the new claims made in the reissued patent. This principle is designed to protect those who may not have been aware of the changes to the patent and ensures fairness in the patent system by allowing continued usage of existing technologies that may now fall under a revised patent scope.

The other options do not accurately describe intervening rights. The first option sounds relevant but deals more with the patent owner’s rights rather than user rights. The third choice restricts the concept incorrectly to university patents, which is not applicable. Lastly, the fourth option mischaracterizes the context, as intervening rights are not limited to the appeals process; rather, they are tied to the reissuance or amendment of patents.