How long is the period of enforceability for a patent?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The period of enforceability for a patent generally includes the full term of the patent plus an additional six years. This is explained in MPEP 2204 : “The period of enforceability is generally the length of the term of the patent plus the 6 years under the statute of limitations for bringing an infringement action ( 35 U.S.C. 286 ).” It’s important to note that if litigation is initiated within the statute of limitations period, submissions may still be filed even after the six-year period has expired, as long as the patent remains enforceable against someone. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Period of Enforceability for Patent Infringement Actions MPEP 2204 Submissions Allowed After Statute If Litigation Instituted MPEP 2204 Permitted Submissions During Patent Enforceability Period MPEP 2204 Permitted Submissions After Reexamination Order MPEP 2204 Required Third Party Can Request Ex Parte Reexamination With Prior Art MPEP 2003.01 Permitted Certification for Ex Parte Reexamination MPEP 2210 Certification for Ex Parte Reexamination MPEP 2214 All Cited Prior Art Must Be Applied to Claims MPEP 2214 Required Request Should Be Complete for Ex Parte Reexamination MPEP 2214 Recommended Certification Required for Ex Parte Reexamination MPEP 2214 Other Related FAQs 5 FAQs Collapse How does the period of enforceability affect prior art submissions in patent reexamination? Can prior art be submitted during a reexamination proceeding? What is the purpose of limiting prior art submissions during reexamination? When can a third party submit prior art or written statements in a patent reexamination? What types of documents can be submitted as prior art in pat...