When can a patent owner file a request for supplemental examination?
A patent owner can file a request for supplemental examination at any time during the period of enforceability of the patent. This is specified in 37 CFR 1.601(c), which states:
“A request for supplemental examination of a patent may be filed at any time during the period of enforceability of the patent.”
This rule was established because the USPTO believes that Congress did not intend for resources to be spent on supplemental examination of patents that can no longer be enforced.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2808 - Time For Requesting Supplemental Examination,
Patent Law,
Patent Procedure