How does the period of enforceability affect prior art submissions in patent reexamination?
The period of enforceability plays a crucial role in determining when prior art can be submitted for patent reexamination. According to MPEP 2204:
“The period of enforceability is determined by adding 6 years to the date on which the patent expires.”
This means that prior art can be submitted even after the patent has expired, as long as it’s within this extended period. The MPEP further clarifies:
“The citation of prior art and requesting of an ex parte reexamination is permitted for ‘any’ expired patent which is still enforceable.”
It’s important to note that while submissions can be made during this extended period, the act of submission itself does not affect the patent’s enforceability or extend its term.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2204 - Time For Filing Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure