What is reexamination ordered at the Director’s initiative?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Director Can Initiate Ex Parte Reexamination Without Request MPEP 2239 Permitted Director Can Initiate Ex Parte Reexamination Without Request MPEP 2239 Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Substantial New Question of Patentability Present Unless Decided MPEP 2242 Director Can Order Ex Parte Reexamination Without Request MPEP 2239 Permitted Substantial New Question of Patentability Can Be Re-Presented MPEP 2242 Permitted Substantial New Question of Patentability Must Be Addressed MPEP 2246 Recommended Request and Fee for Public Reexamination of Patent MPEP 2239 Recommended Examiner Determines Substantial New Question of Patentability Within Three Months MPEP 2240 Director May Initiate Ex Parte Reexamination Without Request MPEP 2239 Other Related FAQs 5 FAQs Collapse Who has the authority to order reexamination at the Director&#8217;s initiative? How often does the Director orde...