Why did the USPTO set a time limit for requesting ex parte reexamination?
The USPTO set a time limit for requesting ex parte reexamination to align with the period of enforceability of a patent. As explained in MPEP 2211, “the Office considered that Congress could not have intended expending Office resources on deciding patent validity questions in patents which cannot be enforced.” This rationale was supported in the case of Patlex Corp. v. Mossinghoff, 758 F.2d 594, 225 USPQ 243, 249 (Fed. Cir. 1985). The time limit ensures that USPTO resources are focused on patents that can still be enforced.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2211 - Time For Requesting Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure