Who typically initiates the reexamination process?

The reexamination process is typically initiated by any party who believes that a patent is invalid. This process allows third parties to challenge the validity of a patent based on prior art or other reasons that may not have been considered during the initial examination of the patent. The requester does not need to have a direct stake in the patent, which makes this a powerful tool for ensuring that only patents that meet all legal requirements are maintained.

Initiating a reexamination contributes to the overall integrity and quality of the patent system by allowing for the correction of potential errors in patent grants. This process serves as a sort of check on the patent system, encouraging transparency and fairness by enabling those who may be affected by a patent to contest its validity.

In contrast, the patent holder typically seeks to defend their patent rather than initiate reexamination. While the USPTO does conduct reexaminations, it does so in response to requests, rather than on its own authority as a matter of routine. Additionally, judicial courts can evaluate patents during litigation, but they do not initiate reexaminations; rather, they may be informed by them if a reexamination has taken place prior to litigation.