How does the period of enforceability affect prior art submissions in patent reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 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. 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, as long as it’s within this extended period. The MPEP further clarifies: “The citation of prior art and requesting of an ex parte reexamination is permitted for ‘any’ expired patent which is still enforceable.” It’s important to note that while submissions can be made during this extended period, the act of submission itself does not affect the patent’s enforceability or extend its term. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Period of Enforceability for Patent Infringement Actions MPEP 2204 Submissions After Reexamination Order MPEP 2204 Required Submissions Allowed After Statute If Litigation Instituted MPEP 2204 Permitted Submissions During Patent Enforceability Period MPEP 2204 Permitted Third Party Can Request Ex Parte Reexamination With Prior Art MPEP 2003.01 Permitted Certification for Ex Parte Reexamination MPEP 2210 Certification for Ex Parte Reexamination MPEP 2214 All Cited Prior Art Must Be Applied to Claims MPEP 2214 Required Request Should Be Complete for Ex Parte Reexamination MPEP 2214 Recommended Certification Required for Ex Parte Reexamination MPEP 2214 Other Related FAQs 5 FAQs Collapse How long is the period of enforceability for a patent? Can prior art be submitted during a reexamination proceeding? What is the purpose of limiting prior art submissions during reexamination? When can a third party submit prio...