When can an ex parte reexamination be requested?

According to MPEP 2211, an ex parte reexamination can be requested “at any time during the period of enforceability of a patent“. This is established by 37 CFR 1.510(a). The period of enforceability is generally determined by adding 6 years to the patent’s expiration date, but may be extended in cases of pending litigation.

To learn more:

• ex parte reexamination
• patent enforceability
• patent expiration
• patent litigation