How often does the Director order reexamination on their own initiative?

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 2239, reexamination ordered at the Director’s initiative is uncommon:

“A decision to order reexamination at the Director’s initiative is, however, rare. Only in compelling circumstances, after a review of all the facts concerning the patent, would such a decision be made.”

This indicates that while the Director has the authority to order reexamination without a request, it is not a frequently used procedure and is reserved for exceptional cases where compelling circumstances warrant such action.