Patent Office Wants Names Behind Anonymous Reexam Requests
Published Date: 7/22/2026
Proposed Rule
Summary
The USPTO wants anyone asking for a third-party ex parte reexamination to clearly say who’s really behind the request. This helps stop sneaky tricks and keeps the process honest. If you’re involved, get ready to share this info confidentially by August 21, 2026, or risk delays or issues.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
Must ID All Real Parties in Reexam
If you file a third-party ex parte reexamination request, you must include a separate statement identifying all real parties in interest to that request (the requester and any other real parties). This new requirement is proposed as 37 CFR 1.510(b)(7) and applies only to third-party reexamination requests (not requests filed by the patent owner).
Confidential Handling of Identity Statements
The statement identifying all real parties in interest can be excluded from the patent and reexamination files and kept confidential if the requester asks in writing. The USPTO says it will use published electronic submission parameters and data security measures to keep that statement confidential.
Minimal Economic Burden on Small Entities
The USPTO certified the change would not have a significant economic impact on a substantial number of small entities and would not add new fees. In FY2025 the Office received 452 ex parte reexamination requests and 174 (38%) paid the small entity fee, and the Office says the new identification statement would impose only a de minimis additional burden.
Prior-Art Citations Can Remain Anonymous
Citations of prior art and written statements filed under 37 CFR 1.501 can still be submitted anonymously (the identity of the person making the submission may be excluded from the patent file). The proposed change clarifies that anonymity under Sec. 1.501 remains distinct from the new Sec. 1.510(b)(7) requirement for ex parte reexamination requests.
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Key Dates
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