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. — Also termed doctrine of intervening rights. 35 USCA § 252, ¶ 2. [Cases: Patents 138(2). C.J.S. Patents §§ 243–244.]

[Blacks Law 8th]