What happens if an Office employee identifies a patent that may warrant reexamination?

If a USPTO employee identifies a patent that they believe clearly warrants reexamination, there is a specific internal process to follow. According to MPEP 2239:

“If an Office employee becomes aware of an unusual fact situation in a patent which the employee considers to clearly warrant reexamination, a memorandum setting forth these facts (including a proposed rejection of all appropriate claims) should be forwarded to the Office of Patent Legal Administration (OPLA) through the Central Reexamination Unit (CRU) or Technology Center (TC) supervisory chain of command.”

This process ensures that potential cases for Director-initiated reexamination are properly reviewed and evaluated by the appropriate authorities within the USPTO before any action is taken.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2239 - Reexamination Ordered At The Director'S Initiative, Patent Law, Patent Procedure
Tags: Director'S Initiative, ex parte reexamination, Patent Review, Uspto Internal Procedures