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.
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