When can an ex parte reexamination be requested?

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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. According to MPEP 2211 , an ex parte reexamination can be requested “ at any time during the period of enforceability of a patent “. This is established by 37 CFR 1.510(a) . The period of enforceability is generally determined by adding 6 years to the patent’s expiration date, but may be extended in cases of pending litigation. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Period of Enforceability for Ex Parte Reexamination Requests MPEP 2211 Permitted Any Person May File Ex Parte Reexamination at Any Time During Patent Enforceability MPEP 2211 Permitted Determining Patent Expiration Date MPEP 2211 Request for Ex Parte Reexamination Allowed During Patent Enforceability Period MPEP 2211 Period for Ex Parte Reexamination Set by Rule MPEP 2211 Prohibited Term Expiration Determined by Multiple Factors MPEP 2211 Recommended Determining Patent Expiration Date MPEP 2250 Request for Reexamination Allowed After Limitations If Litigation Instituted MPEP 2211 Permitted Interim Extension Under 35 U.S.C. 156(e)(2) MPEP 2751 Interim Extension Under 35 U.S.C. 156(d)(5) MPEP 2751 Other Related FAQs 5 FAQs Collapse What factors determine a utility patent&#8217;s expiration date? How is the period of enforceability for a patent determined? Why did the USPTO set a time limit for requesting ex parte reexamination? No more FAQs can be generated Can admissions be used as a basis for establishing a substantial new question of patentability in ex parte reexamination?