How 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 reexamination without a request, it is not a frequently used procedure and is reserved for exceptional cases where compelling circumstances warrant such action.
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