How is the enforceability period of a patent determined for supplemental examination purposes?

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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. 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 the statute of limitations has expired, as long as the patent is still enforceable against someone.” This means that the enforceability period can extend beyond the standard six-year post-expiration period if there is ongoing litigation. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Supplemental Examination After Statute of Limitations MPEP 2808 Permitted Period for Requesting Supplemental Examination Determined by Rule MPEP 2808 Prohibited Expiration Date Determination for Supplemental Examination MPEP 2808 Recommended Patent Owner Determines Expiration Date for Supplemental Examination MPEP 2808 Patent Owner Can Request Supplemental Examination Any Time During Patent Enforceability MPEP 2808 Permitted Enforceability Period Extended for Pending Litigation MPEP 2808 Permitted How to Determine Patent Expiration Date MPEP 2808 Permitted Interference Search Must Extend Beyond Application Classes MPEP 1302.08 Prohibited First Examiner Rejection Initiates Time Period MPEP 1134.01 Other Related FAQs 5 FAQs Collapse How does pending litigation affect the timing of supplemental examination requests? What factors should be considered when determining a patent&#8217;s expiration date for supplemental examination? When can a patent owner file a request for supplemental examination? Can a supplement...