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.
Technology Center Directors play a crucial role in certain patent reexamination cases. According to MPEP 1003, they are involved in unusual fact situations in patents that establish:
- There is a “compelling reason” to order reexamination
- At least one claim in the patent is prima facie unpatentable over prior patents and/or printed publications
The MPEP specifically states: “An unusual fact situation in a patent that establishes: a. there is a ‘compelling reason’ to order reexamination, and b. at least one claim in the patent is prima facie unpatentable over prior patents and/or printed publications. See 37 CFR 1.520, MPEP § 2239.”
For more detailed information on patent reexamination procedures, refer to MPEP 2200. Technology Center Directors play a key role in determining whether these unusual situations warrant reexamination.