How does pending litigation affect the timing of supplemental examination requests?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 9 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 is still enforceable against someone.” This means that if a patent is involved in litigation that was initiated within the statute of limitations period, the patent owner may be able to file for supplemental examination even after the normal enforceability period has ended, provided the patent is still enforceable in the context of that litigation. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Supplemental Examination After Statute of Limitations MPEP 2808 Permitted Patent Owner Can Request Supplemental Examination Any Time During Patent Enforceability MPEP 2808 Permitted Period for Requesting Supplemental Examination Determined by Rule MPEP 2808 Prohibited Patent Owner Determines Expiration Date for Supplemental Examination MPEP 2808 Enforceability Period Extended for Pending Litigation MPEP 2808 Permitted Expiration Date Determination for Supplemental Examination MPEP 2808 Recommended How to Determine Patent Expiration Date MPEP 2808 Permitted Request for Expedited Examination of Design Applications MPEP 1002.02(c)(3) First Examiner Rejection Initiates Time Period MPEP 1134.01 Other Related FAQs 5 FAQs Collapse How is the enforceability period of a patent determined for supplemental examination purposes? What factors should be considered when determining a patent&#8217;s expiration date for supplemental exami...