When can the Director initiate a reexamination of a patent?
The Director of the USPTO has broad authority to initiate reexamination of a patent at any time during its enforceable period. As stated in MPEP 2239:
“The Director may initiate ex parte reexamination without a request for reexamination pursuant to § 1.510 or § 1.913. Normally requests from outside the Office that the Director undertake reexamination on his own initiative will not be considered. Any determination to initiate ex parte reexamination under this section will become a part of the official file of the patent and will be mailed to the patent owner at the address as provided for in § 1.33(c).”
This means that the Director can order reexamination based on newly discovered prior art or information brought to their attention, without the need for a formal request or fee from a third party. However, this power is exercised sparingly and only in compelling circumstances.
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