37 C.F.R. § 1.520

Ex parte reexamination at the initiative of the Director

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The Director, at any time during the period of enforceability of a patent, may determine whether or not a substantial new question of patentability is raised by patents or printed publications which have been discovered by the Director or which have been brought to the Director's attention, even though no request for reexamination has been filed in accordance with § 1.510 or § 1.913. 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).

[65 FR 76775, Dec. 7, 2000]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2005–2021 · leading case: Aqua Products, Inc. v. Matal

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Aqua Products, Inc. v. Matal (2017) cafc · cites it 2× “ct to the intervening rights of anyone already practicing them and limit the scope of the patent owner’s damages, if any, but any issued amended claims will remain subject to challenge in various future proceedings, including subsequent IPRs, ex parte reexaminations, district…”

Callaway Golf Co. v. Kappos (2011) vaed “37 C.F.R. § 1.520 . In 1999, Congress created the inter partes reexamination.”

Brown v. United States Patent & Trademark Office (2005) ilnd “37 C.F.R. § 1.520 . On January 24, 2002, the Director ordered the reexamination of the 754 patent.”

In Re VIVINT, INC. (2021) cafc “”); see 37 C.F.R. § 1.520 (providing for Director’s “own initia- tive” authority).”

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