What is the period of enforceability for ex parte reexamination?
The period of enforceability for ex parte reexamination is an important concept in patent law. According to MPEP 2209:
“The period of enforceability of a patent is the period during which the patent is enforceable in a court of law, which is usually the patent term plus the 6 year statute of limitations for bringing an infringement action.”
This means that ex parte reexamination can be requested not only during the patent’s term but also for an additional 6 years after its expiration. This extended period allows for continued scrutiny of patents even after they have technically expired.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2209 - Ex Parte Reexamination,
Patent Law,
Patent Procedure