Can 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 a member of the public desires reexamination of a patent, a request and fee under 37 CFR 1.20(c)(1) or (c)(2) should be filed in accordance with 37 CFR 1.510.”

This means that individuals or organizations seeking reexamination should follow the standard ex parte reexamination request process rather than attempting to persuade the Director to initiate reexamination independently.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2239 - Reexamination Ordered At The Director'S Initiative, Patent Law, Patent Procedure
Tags: Director'S Initiative, ex parte reexamination, Public Requests, USPTO procedures