Who has the authority to order reexamination at the Director’s initiative?
The authority to order reexamination at the Director’s initiative is delegated to specific high-ranking officials within the USPTO. According to MPEP 2239:
“Authority to order reexamination at the Director’s initiative has been delegated to the Deputy Commissioner for Patents who oversees the Office of Petitions. A decision to order reexamination at the Director’s initiative may also be made by the Director of the USPTO, the Deputy Director or the Commissioner for Patents.”
This delegation ensures that the decision to initiate reexamination is made at a high level within the organization, reflecting the seriousness and rarity of such actions.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2239 - Reexamination Ordered At The Director'S Initiative,
Patent Law,
Patent Procedure