Who can request an ex parte reexamination?

According to MPEP 2209, an ex parte reexamination can be requested by various parties:

• The patent owner: At any time during the enforceability of a patent.
• Any third party: During the period of enforceability of the patent.
• The Director of the USPTO: The Director can order a reexamination on their own initiative.

The MPEP states, “Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination.” This inclusive approach allows for broad participation in the patent review process.

To learn more:

• ex parte reexamination
• patent owner
• third party
• USPTO Director