Who can initiate Reexamination of a patent?

The correct answer is that a reexamination can be initiated by a third party. Under the patent laws, specifically 35 U.S.C. § 302, any person may file a request for reexamination of a patent based on prior art. This includes individuals or entities that are not the patent owner, allowing stakeholders or competitors to challenge the validity of a patent in a formal proceeding.

This process provides a mechanism for addressing potential issues regarding the patent's validity, particularly when new information or prior art comes to light that may affect the original examination results. The ability for a third party to initiate this process helps maintain the integrity of the patent system by allowing continued scrutiny of issued patents.

While the patent owner also has the ability to seek reexamination, this option specifically relates to third parties, which play a crucial role in the ecosystem of patent enforcement and challenge. The United States Patent and Trademark Office (USPTO) itself does not initiate reexaminations; it responds to requests filed by third parties or patent owners. Similarly, the general public does not have direct means to initiate reexaminations without being classified as a third party that submits a request based on specific criteria.