Can a supplemental examination request be filed for an expired patent?
Yes, a supplemental examination request can be filed for an expired patent. The MPEP 2816 states: “A request for supplemental examination may be filed at any time during the period of enforceability of a patent.” This includes the period after the patent has expired. The MPEP further clarifies: “The period of enforceability is determined by…
Read MoreWhat is the period of enforceability for ex parte reexamination?
The period of enforceability for ex parte reexamination is an important concept in patent law. According to MPEP 2209: “The period of enforceability of a patent is the period during which the patent is enforceable in a court of law, which is usually the patent term plus the 6 year statute of limitations for bringing…
Read MoreHow does the period of enforceability affect prior art submissions in patent reexamination?
The period of enforceability plays a crucial role in determining when prior art can be submitted for patent reexamination. According to MPEP 2204: “The period of enforceability is determined by adding 6 years to the date on which the patent expires.” This means that prior art can be submitted even after the patent has expired,…
Read More