Is there a time limit for requesting reexamination of a patent?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. While there is a specific time limit for the USPTO to decide on a reexamination request, the timeframe for filing such a request is much broader. According to MPEP 2241 : “A determination to reexamine may be made at any time during the period of enforceability of a patent.” This means that a request for reexamination can be filed as long as the patent is still enforceable. The period of enforceability typically extends throughout the patent’s term and may continue for some time after the patent expires, depending on the specific circumstances and any applicable statutes of limitations. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Determination to Reexamine at Any Time During Patent Enforceability Period MPEP 2241 Permitted Ex Parte Reexamination Consideration Limited to Patents and Publications MPEP 2217 Office May Initiate Reexamination of Non-Request Claim MPEP 2240 Permitted Office May Initiate Reexamination of Non-Requested Claims MPEP 2243 Permitted Determination for Reexamination Must Be Made Within 3 Months MPEP 2241 Required Determination to Reexamine Must Be Made Within 3 Months MPEP 2241 Claim Basis for Substantial New Question of Patentability MPEP 2243 Claims Basis for Substantial New Question of Patentability MPEP 2240 Requirement for Substantial New Question of Patentability in Ex Parte Reexamination Request MPEP 2216 Required Request Must Include Substantial New Question of Patentability MPEP 2216 Other Related FAQs 5 FAQs Collapse What should I know about multiple copending reexamination proceedings? What happens if the 3-month period for deciding a reexamination request ends on a non-business day? What is the time limit for deciding on a reex...