Who can request an ex parte reexamination?

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.

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.