What is the process for issuing a Director-initiated reexamination order?
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.
The process for issuing a Director-initiated reexamination order involves several steps and offices within the USPTO. As outlined in MPEP 2239:
“If an order to reexamine is to be issued, the decision is prepared in OPLA in cooperation with the CRU or other appropriate Technology Center. The decision is signed by the Deputy Commissioner for Patents who oversees the Office of Petitions and mailed by the CRU. The CRU technical support staff will prepare a reexamination file and Official Gazette notice.”
This process ensures that the decision to initiate reexamination is thoroughly reviewed and properly documented before being officially issued and publicized.