USPTO proposes disclosure of parties behind patent reexamination requests

The U.S. Patent and Trademark Office is proposing to require third parties seeking ex parte patent reexamination to identify themselves and every other real party in interest behind the request.

The proposal, published July 22, 2026, in the Federal Register as document 2026-14793, would give the USPTO that information while allowing the disclosure statement to be excluded from the public patent and reexamination files upon written request. The agency says the change would help it evaluate whether statutory estoppel rules block repeat challenges and respond more efficiently to false certifications, misrepresentations and fraud.

Public comments are due August 21, 2026, through Regulations.gov under docket PTO-P-2025-0545. The proposal is not final and is not yet a new filing requirement.

What the proposal would change

The USPTO would add proposed 37 CFR 1.510(b)(7). A third-party request for ex parte reexamination would have to include a separate statement identifying the requester and all other real parties in interest to the request.

The statement would be submitted electronically under procedures set by the USPTO. If the requester asks in writing for confidentiality, the agency says it would exclude the statement from the patent and reexamination files and take steps to keep the information from public disclosure. The USPTO could still use the information when evaluating the request or making decisions in the proceeding.

The requirement would apply only to third-party requests. It would not apply to a reexamination request filed by a party that identifies itself as the patent owner.

Why the agency says it needs the information

Current USPTO rules allow a third party to seek ex parte reexamination anonymously through a registered patent practitioner. The practitioner must certify under 37 CFR 1.510(b)(6) that the requester is not barred by the applicable estoppel rules, but the agency may not know who actually stands behind the request.

That creates a problem when the patent was previously challenged in an inter partes review or post-grant review. Under 35 U.S.C. 315(e)(1) and 325(e)(1), a prior petitioner, its real party in interest or a privy may be barred from pursuing certain later challenges involving claims and grounds raised or reasonably available in the earlier proceeding.

The USPTO says it cannot independently evaluate those restrictions without knowing the identities of the requester and other real parties in interest. The agency also says the information could help it address show-cause issues and investigate apparent misrepresentations more efficiently.

The proposal follows the agency’s February 2026 update on anonymous reexamination requests. That guidance said an anonymous requester involving a patent previously challenged in inter partes or post-grant review should affirm that it is not the earlier petitioner, the petitioner’s real party in interest or a privy.

Anonymous filings would not disappear entirely

If finalized, the proposal would not eliminate every form of anonymous patent-related submission. Citations of prior art and written statements submitted under 37 CFR 1.501 could continue to be filed anonymously.

For ex parte reexamination requests, however, the USPTO would generally receive the identities of the requester and all other real parties in interest, even if those identities were kept from the public. Whether a person or entity qualifies as a real party in interest would remain a fact-dependent, case-by-case question. The proposal does not say that every client, affiliate, funder or related company automatically qualifies.

Who could be affected

Companies considering an anonymous patent challenge would need to work with counsel to identify the relevant parties for the USPTO if the rule is adopted. That could make corporate relationships, outside-counsel arrangements and some litigation-finance structures more consequential during filing preparation, although the proposal does not categorically regulate litigation finance.

Patent owners could gain a stronger basis to ask the agency to examine whether a reexamination request is barred by an earlier inter partes or post-grant review. Attorneys would need a reliable process for identifying real parties in interest while protecting information that the requester asks the agency to keep confidential.

The proposal would not change the substantive standards for deciding whether a patent claim is patentable. It also would not prevent every repeat challenge or instance of fraud; the agency says the change would improve its ability to evaluate estoppel and respond to misrepresentations.

What happens next

The public-comment period ends August 21, 2026. After that, the USPTO could issue a final rule, modify the proposal or take no further action. Until a final rule is issued and becomes effective, third-party requesters are not subject to the proposed identification requirement.

Sources

Look for updates to this story

Discover more from Interactive News

Subscribe to get the latest posts sent to your email.