Can a supplemental examination be requested at any time during a patent’s life?

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 MPEP 2815 addresses the timing of supplemental examination requests:

“A determination on the supplemental examination request may be made at any time during the period of enforceability of a patent.”

This statement indicates that a supplemental examination can be requested as long as the patent is enforceable. The period of enforceability typically extends throughout the patent’s term and may continue beyond that in some cases. For more details on the period of enforceability, refer to MPEP § 2808.