How is the period of enforceability for a patent determined?
The period of enforceability for a patent is generally determined by adding 6 years to the patent’s expiration date. However, this period may be extended if there is pending litigation. As stated in MPEP 2211, “if litigation is instituted within the period of the statute of limitations, requests for reexamination may be filed after the statute of limitations has expired, as long as the patent is still enforceable.“
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2211 - Time For Requesting Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure