How long is the period of enforceability for a patent?
The period of enforceability for a patent generally includes the full term of the patent plus an additional six years. This is explained in MPEP 2204: “The period of enforceability is generally the length of the term of the patent plus the 6 years under the statute of limitations for bringing an infringement action (35…
Read MoreHow 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 MoreHow does pending litigation affect the timing of supplemental examination requests?
Pending litigation can extend the period during which a patent owner can file a request for supplemental examination. 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 the statute of limitations has expired, as long as the patent…
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…
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