Can the Director make exceptions to the “special dispatch” requirement in inter partes reexamination?

Yes, the Director of the USPTO can make exceptions to the “special dispatch” requirement in inter partes reexamination proceedings for good cause. This is explicitly stated in 35 U.S.C. 314(c):

“Unless otherwise provided by the Director for good cause, all inter partes reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, shall be conducted with special dispatch within the Office.”

This provision allows for flexibility in cases where strict adherence to the special dispatch requirement might not be in the best interest of the patent system or the parties involved. However, such exceptions are likely to be rare and would require substantial justification.

To learn more:

• special dispatch
• Director exceptions
• inter partes reexamination
• USPTO procedures