Can the USPTO initiate ex parte reexamination on its own?
Yes, the USPTO can initiate ex parte reexamination on its own. According to MPEP 2212:
“It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520.“
This means that the Director of the USPTO has the authority to start an ex parte reexamination process without a request from an external party. This provision allows the USPTO to review patents when it deems necessary, even if no third party has requested a reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2212 - Persons Who May File A Request For Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure