How is the enforceability period of a patent determined for supplemental examination purposes?
The enforceability period for supplemental examination purposes is generally determined by adding six years to the patent’s expiration date. However, this period can be extended if litigation is pending. The MPEP 2808 states: “Specifically, if litigation is instituted within the statute of limitations (see 35 U.S.C. 286), requests for supplemental examination may be filed after…
Read MoreWhat is the timeline for filing an inter partes reexamination request?
What is the timeline for filing an inter partes reexamination request? An inter partes reexamination request can be filed at any time during the enforceability of a patent. The MPEP states: “An inter partes reexamination can be filed at any time during the enforceability of a patent.” (MPEP 2611) This means that a request can…
Read MoreHow 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…
Read MoreHow does the duty of disclosure relate to patent enforceability?
The duty of disclosure is closely tied to patent enforceability. According to MPEP 2016, a violation of the duty of disclosure can lead to all claims in a patent being unenforceable. The section states: “A finding of ‘fraud,’ ‘inequitable conduct,’ or violation of duty of disclosure with respect to any claim in an application or…
Read MoreCan USPTO employees express opinions on patent validity or enforceability?
No, USPTO employees are not permitted to express opinions on patent validity or enforceability. According to MPEP 1701: “Public policy demands that every employee of the United States Patent and Trademark Office (USPTO) refuse to express to any person any opinion as to the validity or invalidity of, or the patentability or unpatentability of any…
Read MoreWhat are the consequences of failing to comply with the inventor’s oath or declaration requirements?
Failing to comply with the inventor’s oath or declaration requirements can have serious consequences for a patent application or an issued patent. However, the America Invents Act (AIA) introduced some provisions to mitigate these consequences. According to 35 U.S.C. 115(h)(3): A patent shall not be invalid or unenforceable based upon the failure to comply with…
Read MoreWhat are the consequences of violating USPTO certification requirements?
Violating the certification requirements when submitting papers to the USPTO can have serious consequences. According to 37 CFR 11.18(c), violations may result in: Striking the offending paper Referring a practitioner’s conduct to the Office of Enrollment and Discipline Precluding a party or practitioner from submitting papers or contesting issues Affecting the weight given to the…
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