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 U.S.C. 286).”
It’s important to note that if litigation is initiated within the statute of limitations period, submissions may still be filed even after the six-year period has expired, as long as the patent remains enforceable against someone.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2204 - Time For Filing Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure