USPTO Proposes Real Parties in Interest Rule for Reexaminations

The United States Patent and Trademark Office published a notice on July 22, 2026, proposing amendments to its rules that would require third-party requesters in ex parte reexamination proceedings to identify all real parties in interest.

Under current practice, requesters can file anonymously through a registered practitioner and certify they are not subject to statutory estoppel from prior inter partes review or post-grant review proceedings. The proposed change aims to help the Office evaluate estoppel provisions, address false certifications, and respond to potential fraud or misrepresentation amid rising reexamination filings, many involving patents previously challenged in AIA proceedings.

The rule would mandate disclosure of the requester and other real parties in interest, though identities could still be submitted confidentially to the USPTO upon request, potentially shielding them from the patent owner and public. Comments on the proposal are due by August 21, 2026.

If adopted, the change could influence filing strategies for parties seeking to challenge patents without revealing competitive interests, particularly where prior adversarial history exists.

Sources: https://www.jdsupra.com/legalnews/what-s-in-a-name-uspto-proposes-rule-to-8273023/ https://www.federalregister.gov/documents/2026/07/22/2026-15400/changes-to-identify-real-parties-in-interest-in-ex-parte-reexamination-proceedings