Is there a time limit for requesting reexamination of a patent?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2241 - Time For Deciding Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure