Who can initiate Reexamination of a patent?

Reexamination of a patent can be initiated by a third party, which is a crucial aspect of the reexamination process established within the patent framework. This provision allows for external parties—those not affiliated with the patent owner—to challenge the patent's validity based on prior art. This feature serves as a check on the patent system, providing a mechanism to ensure that patents remain valid and are not wrongfully upheld, especially when new information or evidence suggests they may not meet the necessary criteria for patentability.

The ability for a third party to request reexamination reflects the balance of interests in the patent system, where the rights of patent holders are weighed alongside the interests of the public and competitors. This system not only enhances the integrity of the patent process but also allows for the resolution of disputes over patent validity in a structured manner.

In contrast, while the patent owner has rights to maintain or defend their patent, the initiation of the reexamination process specifically requires involvement from third parties under specified circumstances. The United States Patent and Trademark Office does not initiate reexamination on its own; it acts upon the requests submitted by either the patent owner or a third party. The general public does not have the standing to unilaterally initiate reexamination