What 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 or not a substantial new question of patentability is raised by patents or printed publications which have been discovered by the Director or which have been brought to the Director’s attention, even though no request for reexamination has been filed.”
This allows the USPTO to review patents when new information comes to light, 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 2239 - Reexamination Ordered At The Director'S Initiative,
Patent Law,
Patent Procedure