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ARTICLE · 13 AUGUST 2012

USPTO Reverses Course To Permit Anonymous Ex Parte Reexamination Requests

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Responding to public feedback, the USPTO announced that it has dropped a controversial proposal that would have required all requests for ex parte reexamination to identify the requester’s "real party in interest."

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Responding to public feedback, the USPTO announced that it has dropped a controversial proposal that would have required all requests for ex parte reexamination to identify the requester's "real party in interest." The change is one of several new provisions in a final rule, released August 6, 2012, which implements a new estoppel provision in the America Invents Act (AIA) barring ex parte reexamination of a patent following the completion of an inter partes review or post-grant review. Third-party requesters and patent owners alike will need to be familiar with the Final Rule which goes into effect on September 16, 2012.

The AIA Provisions Relating to Ex Parte Reexamination Estoppel

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