MPEP § 2591 — MPEP § 2591
Current through: 2022-07-01

2591-Intervening Rights in Reinstated Patents 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

 Skip over navigation 
 
 
 
 
 
 
 
 search for patents | search for trademarks 

 
 
 
 
 
 
 
 
 
 
 
 Search 
 
 
 

 
 

 
 
 
 
 
 PATENTS 
 
 Patent Search 

 
 Patent Process 

 
 Patent Classification 

 
 Patent Forms 

 
 Statistics 

 
 Electronic Business Center 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Resources and Guidance 

 
 Office of Data Management 

 
 Announcements 

 
 Initiatives & Events 

 
 International Protection 

 
 Employee Locator 

 
 Contact Patents 

 

 

 
 TRADEMARKS 
 
 Trademark Search 

 
 Trademarks Process 

 
 News & Notices 

 
 Manuals, Guides, Official Gazette 

 
 Laws & Regulations 

 
 Online Filing 

 
 Contact Trademarks 

 

 

 
 IP LAW & POLICY 
 
 Rulemaking 

 
 IP Policy and Enforcement 

 
 Protecting IP Overseas 

 
 Training and Education 

 
 Training Programs & Conferences 

 
 Office of Governmental Affairs 

 
 Office of Chief Economist 

 
 Boards and Counsel 

 

 

 
 PRODUCTS & SERVICES 
 
 Electronic Data Products 

 
 XML Resources 

 
 XML Resources - Retrospective 

 
 USPTO Contact Center Order Form 

 
 Services 

 
 Locate Libraries 

 
 Training/Events 

 
 Online Services Hub 

 

 

 
 INVENTORS 
 
 Patents for Inventors 

 
 Trademarks for Inventors 

 
 Inventors Assistance 

 
 Education and Information 

 
 Scam Prevention 

 
 Pro Se and Pro Bono 

 
 Current Events 

 
 State Resources 

 
 InventorsEye Newsletter 

 

 

 
 NEWS & NOTICES 
 
 Subscription Center 

 
 Press Releases 

 
 Testimony and Speeches 

 
 Director's Forum 

 
 Systems Status 

 
 Emergency Notices 

 
 USPTO Videos 

 
 Official Gazette 

 
 Federal Register Notices 

 
 Event Calendar 

 

 

 
 FAQs 
 
 Patents FAQs 

 
 Trademarks FAQs 

 
 Assignments 

 
 Security 

 
 Musicians and Artists 

 
 Browser Plugins 

 
 Other Web Resources 

 

 

 
 ABOUT US 
 
 USPTO Leadership 

 
 USPTO Organization 

 
 USPTO Offices 

 
 Careers 

 
 Budget, Performance, and Planning 

 
 Statistics 

 
 Vendor Information 

 
 Public Advisory Committees 

 
 National Medal of Technology and Innovation 

 
 IP in Motion 

 
 Contact Us 

 

 

 
 
 

 

 
 

 
 
 
 
 Home Page 

 
 Patents 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Manual of Patent Examining Procedure 

 Chapter 2500 

 Section 2591 
 

 
 
 
 
 
 2591 Intervening Rights in Reinstated Patents [R-08.2012]

 Intervening rights in reinstated patents are provided by
 35 U.S.C.
 41(c)(2) which is reproduced in MPEP § 2501 . No
 patent, the term of which has been maintained as a result of the acceptance of a late
 payment of a maintenance fee, shall abridge or affect the right of any person or his or
 her successors in business who made, purchased, imported, or used after the 6-month
 grace period but prior to the acceptance of the late maintenance fee anything protected
 by the patent, to continue the use or importation of, or to sell to others to be used or
 sold, the specific things made, purchased, imported, or used. A court before which such
 matter is in question may provide for the continued manufacture, use, importation, or
 sale of the thing made, purchased, imported, or used as specified, or for the
 manufacture, use, importation, or sale of which substantial preparation was made after
 the 6-month grace period but before the acceptance of the late maintenance fee, and it
 may also provide for the continued practice of any process, practiced, or for the
 practice of which substantial preparation was made, after the 6-month grace period but
 prior to the acceptance of the late maintenance fee, to the extent and under such terms
 as the court deems equitable for the protection of investments made or business
 commenced after the 6-month grace period but before the acceptance of the late
 maintenance fee.
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2501-Introduction 

 2502-2503-[Reserved] 

 2504-Patents Subject to Maintenance Fees 

 2505-[Reserved] 

 2506-Times for Submitting Maintenance Fee Payments 

 2507-2509-[Reserved] 

 2510-Submission of Maintenance Fee Payments and Documents 

 2511-2514-[Reserved] 

 2515-Information Required for Submission of Maintenance Fee Payment 

 2516-2519-[Reserved] 

 2520-Maintenance Fee Amounts 

 2521-[Reserved] 

 2522-Methods of Payment 

 2523-2529-[Reserved] 

 2530-Special Acceptance of Maintenance Fee Payments Containing Informalities 

 2531-Payment Late or Insufficient 

 2532-Duplicate Payments 

 2533-2539-[Reserved] 

 2540-Fee Address for Maintenance Fee Purposes 

 2541-[Reserved] 

 2542-Change of Correspondence Address 

 2543-2549-[Reserved] 

 2550-Entity Status Discounts 

 2551-2559-[Reserved] 

 2560-Revocation of Power of Attorney and Withdrawal of Attorney 

 2561-2569-[Reserved] 

 2570-Maintenance Fee Payment Status Requests 

 2571-2574-[Reserved] 

 2575-Notices 

 2576-2579-[Reserved] 

 2580-Review of Decision Refusing to Accept and Record Payment of a Maintenance Fee Filed Prior to Expiration of Patent 

 2581-2589-[Reserved] 

 2590-Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent 

 2591-Intervening Rights in Reinstated Patents 

 2592-2594-[Reserved] 

 2595-Forms 

 

 

 
 

 
 
 

 
 

 

 
 
 Accessibility 

 Privacy Policy 

 Terms of Use 

 Security 

 Emergencies/Security Alerts 

 Information Quality Guidelines 

 
 

 
 
 Federal Activities Inventory Reform (FAIR) Act 

 Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act 

 Budget & Performance 

 Freedom of Information Act (FOIA) 

 
 

 
 
 Department of Commerce NoFEAR Act Report 

 Regulations.gov 

 STOP!Fakes.gov 

 Department of Commerce 

 USA.gov 

 
 

 
 
 Strategy Targeting Organized Piracy (STOP!) 

 Careers 

 Site Index 

 Contact Us 

 Submit Feedback 

 
 

 
 This page is owned by Patents.

 Last Modified: 
 
 03/09/2026 20:49:37