Can a supplemental examination be requested at any time during a patent’s life?

The MPEP 2815 addresses the timing of supplemental examination requests:

“A determination on the supplemental examination request may be made at any time during the period of enforceability of a patent.”

This statement indicates that a supplemental examination can be requested as long as the patent is enforceable. The period of enforceability typically extends throughout the patent’s term and may continue beyond that in some cases. For more details on the period of enforceability, refer to MPEP § 2808.

To learn more:

• Supplemental Examination
• USPTO
• Patent Enforceability
• Examination Timing