What happens if an Office employee identifies a patent that may warrant reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 proposed rejection of all appropriate claims) should be forwarded to the Office of Patent Legal Administration (OPLA) through the Central Reexamination Unit (CRU) or Technology Center (TC) supervisory chain of command.” This process ensures that potential cases for Director-initiated reexamination are properly reviewed and evaluated by the appropriate authorities within the USPTO before any action is taken. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Director Can Initiate Ex Parte Reexamination Without Request MPEP 2239 Permitted Director May Initiate Ex Parte Reexamination Without Request MPEP 2239 Request and Fee for Public Reexamination of Patent MPEP 2239 Recommended Director Can Order Ex Parte Reexamination Without Request MPEP 2239 Permitted Director Can Initiate Ex Parte Reexamination Without Request MPEP 2239 Reexamination Ordered Only in Compelling Cases MPEP 2239 Rare Director-Initiated Reexaminations MPEP 2239 Memo Required for Clear Reexamination Warrant MPEP 2239 Recommended Deputy Commissioner Can Order Reexamination MPEP 2239 Director Can Order Reexamination Without Request MPEP 2239 Permitted Other Related FAQs 5 FAQs Collapse Who has the authority to order reexamination at the Director&#8217;s initiative? What is reexamination ordered at the Director&#8217;s initiative? How often does the Dir...