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…
Read MoreWhen can the Director initiate a reexamination of a patent?
The Director of the USPTO has broad authority to initiate reexamination of a patent at any time during its enforceable period. As stated in MPEP 2239: “The Director may initiate ex parte reexamination without a request for reexamination pursuant to § 1.510 or § 1.913. Normally requests from outside the Office that the Director undertake…
Read MoreWhat happens if the Deputy Commissioner refuses to issue a reexamination order?
If the Deputy Commissioner for Patents decides not to issue a reexamination order after considering a potential case, the matter is handled discreetly. According to MPEP 2239: “If the Deputy Commissioner for Patents who oversees the Office of Petitions refuses to issue an order for reexamination, no record of any consideration of the matter will…
Read MoreCan members of the public request the Director to initiate reexamination?
While members of the public can request reexamination through standard procedures, the USPTO generally does not consider requests for the Director to initiate reexamination on their own. The MPEP 2239 states: “The Director of the USPTO will not normally consider requests to order reexamination at the Director’s initiative received from members of the public. If…
Read MoreWhat is the process for issuing a Director-initiated reexamination order?
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…
Read MoreHow often does the Director order reexamination on their own initiative?
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…
Read MoreWhat is reexamination ordered at the Director’s initiative?
Reexamination ordered at the Director’s initiative is a process where the Director of the USPTO can initiate an ex parte reexamination of a patent without a request being filed or a fee being paid. As stated in MPEP 2239: “The Director, at any time during the period of enforceability of a patent, may determine whether…
Read MoreWho has the authority to order reexamination at the Director’s initiative?
The authority to order reexamination at the Director’s initiative is delegated to specific high-ranking officials within the USPTO. According to MPEP 2239: “Authority to order reexamination at the Director’s initiative has been delegated to the Deputy Commissioner for Patents who oversees the Office of Petitions. A decision to order reexamination at the Director’s initiative may…
Read More