MPEP § 2211 — Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302 (Annotated Rules)
§2211 Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302
This page consolidates and annotates all enforceable requirements under MPEP § 2211, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302
This section addresses Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302. Primary authority: 35 U.S.C. 154, 35 U.S.C. 156, and 37 CFR 1.510(a). Contains: 1 prohibition, 1 guidance statement, 3 permissions, and 2 other statements.
Key Rules
Ex Parte Reexamination Request
Under 37 CFR 1.510(a), any person may, at any time during the period of enforceability of a patent, file a request for ex parte reexamination. This period was set by rule, since the Office considered that Congress could not have intended expending Office resources on deciding patent validity questions in patents which cannot be enforced. See Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985). The period of enforceability is generally determined by adding 6 years to the date on which the patent expires but the period may be extended if there is pending litigation. Specifically, 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.
Under 37 CFR 1.510(a), any person may, at any time during the period of enforceability of a patent, file a request for ex parte reexamination. This period was set by rule, since the Office considered that Congress could not have intended expending Office resources on deciding patent validity questions in patents which cannot be enforced. See Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985). The period of enforceability is generally determined by adding 6 years to the date on which the patent expires but the period may be extended if there is pending litigation. Specifically, 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.
Under 37 CFR 1.510(a), any person may, at any time during the period of enforceability of a patent, file a request for ex parte reexamination. This period was set by rule, since the Office considered that Congress could not have intended expending Office resources on deciding patent validity questions in patents which cannot be enforced. See Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985). The period of enforceability is generally determined by adding 6 years to the date on which the patent expires but the period may be extended if there is pending litigation. Specifically, 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.
Under 37 CFR 1.510(a), any person may, at any time during the period of enforceability of a patent, file a request for ex parte reexamination. This period was set by rule, since the Office considered that Congress could not have intended expending Office resources on deciding patent validity questions in patents which cannot be enforced. See Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985). The period of enforceability is generally determined by adding 6 years to the date on which the patent expires but the period may be extended if there is pending litigation. Specifically, 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.
Determining Expiration Date
The patent expiration date for a utility patent, for example, is determined by taking into account the term of the patent, whether maintenance fees have been paid for the patent, whether any disclaimer was filed as to the patent to shorten its term, any patent term extensions or adjustments for delays within the Office under 35 U.S.C. 154 (see MPEP § 2710, et seq.), and any patent term extensions available under 35 U.S.C. 156 for premarket regulatory review (see MPEP § 2750 et seq.). Any other relevant information should also be taken into account.
The patent expiration date for a utility patent, for example, is determined by taking into account the term of the patent, whether maintenance fees have been paid for the patent, whether any disclaimer was filed as to the patent to shorten its term, any patent term extensions or adjustments for delays within the Office under 35 U.S.C. 154 (see MPEP § 2710, et seq.), and any patent term extensions available under 35 U.S.C. 156 for premarket regulatory review (see MPEP § 2750 et seq.). Any other relevant information should also be taken into account.
Late Payment and Reinstatement
Under 37 CFR 1.510(a), any person may, at any time during the period of enforceability of a patent, file a request for ex parte reexamination. This period was set by rule, since the Office considered that Congress could not have intended expending Office resources on deciding patent validity questions in patents which cannot be enforced. See Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985). The period of enforceability is generally determined by adding 6 years to the date on which the patent expires but the period may be extended if there is pending litigation. Specifically, 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.
Citations
| Primary topic | Citation |
|---|---|
| Determining Expiration Date | 35 U.S.C. § 154 |
| Determining Expiration Date | 35 U.S.C. § 156 |
| Ex Parte Reexamination Request Late Payment and Reinstatement | 37 CFR § 1.510(a) |
| Determining Expiration Date | MPEP § 2710 |
| Determining Expiration Date | MPEP § 2750 |
| Ex Parte Reexamination Request Late Payment and Reinstatement | See Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2211 — Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302
Source: USPTO2211 Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302 [R-07.2015]
Under 37 CFR 1.510(a), any person may, at any time during the period of enforceability of a patent, file a request for ex parte reexamination. This period was set by rule, since the Office considered that Congress could not have intended expending Office resources on deciding patent validity questions in patents which cannot be enforced. See Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985). The period of enforceability is generally determined by adding 6 years to the date on which the patent expires but the period may be extended if there is pending litigation. Specifically, 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.
The patent expiration date for a utility patent, for example, is determined by taking into account the term of the patent, whether maintenance fees have been paid for the patent, whether any disclaimer was filed as to the patent to shorten its term, any patent term extensions or adjustments for delays within the Office under 35 U.S.C. 154 (see MPEP § 2710, et seq.), and any patent term extensions available under 35 U.S.C. 156 for premarket regulatory review (see MPEP § 2750et seq.). Any other relevant information should also be taken into account.