What factors should be considered when determining a patent’s expiration date for supplemental examination?

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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. When determining a patent’s expiration date for supplemental examination purposes, several factors should be considered. According to MPEP 2808 , these factors include: The term of the patent Whether maintenance fees have been paid Any disclaimers filed to shorten the patent term Patent term extensions or adjustments for delays within the USPTO under 35 U.S.C. 154 Patent term extensions available under 35 U.S.C. 156 for premarket regulatory review The MPEP also notes that “Any other relevant information should also be taken into account.” It’s the responsibility of the patent owner to accurately determine the expiration date of the patent for which supplemental examination is requested. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Patent Owner Determines Expiration Date for Supplemental Examination MPEP 2808 Expiration Date Determination for Supplemental Examination MPEP 2808 Recommended Period for Requesting Supplemental Examination Determined by Rule MPEP 2808 Prohibited Patent Owner Can Request Supplemental Examination Any Time During Patent Enforceability MPEP 2808 Permitted How to Determine Patent Expiration Date MPEP 2808 Permitted Supplemental Examination After Statute of Limitations MPEP 2808 Permitted Enforceability Period Extended for Pending Litigation MPEP 2808 Permitted Examiner Must Verify Paid Maintenance Fees Before Examining Reissue Application MPEP 1415.01 Required 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? How is the enforceability period of a patent determined for supplemental examination purposes? When can ...