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ARTICLE · 27 JULY 2026

USPTO Proposes Mandatory RPI Disclosure For Third-Party Ex Parte Reexamination Requests

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The USPTO has proposed ending anonymity for third-party ex parte reexamination requests, requiring disclosure of all real parties in interest to enforce AIA estoppel provisions more effectively. While requesters could still seek confidential treatment from patent owners and the public, the agency would gain access to identity information to prevent estopped parties from circumventing preclusion rules through anonymous filings.

United StatesIntellectual Property
Gene J. Yao
Gene J. Yao
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Under a proposed rule published July 22, any third party requesting reexamination would be required to disclose all real parties in interest to the agency — ending anonymity as to the United States Patent and Trademark Office (the Office), although a requester could still request confidential treatment of that information as to the patent owner and the public. The Office’s stated goals are to enforce the AIA’s estoppel provisions more effectively and to deter fraud. Comments are due Aug. 21.

Background and the Estoppel Problem

Anonymity has been a feature of ex parte reexamination since Congress created the procedure in 1980, permitting “any person” to seek reexamination of an issued patent based on prior art. 35 U.S.C. § 302. Current rules facilitate anonymous submissions further: a third party may submit a prior art citation or written statement under 37 C.F.R. § 1.501(d) without identifying itself, and under 35 U.S.C. § 301(e), it may request that its identity be excluded from

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