Who can request an ex parte reexamination?

According to MPEP 2209, an ex parte reexamination can be requested by various parties:

  • The patent owner: At any time during the enforceability of a patent.
  • Any third party: During the period of enforceability of the patent.
  • The Director of the USPTO: The Director can order a reexamination on their own initiative.

The MPEP states, “Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination.” This inclusive approach allows for broad participation in the patent review process.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2209 - Ex Parte Reexamination, Patent Law, Patent Procedure
Tags: ex parte reexamination, patent owner, Third Party, Uspto Director