Requirement to Identify All Real Parties in Interest to a Third Party Request for an Ex Parte Reexamination

The United States Patent and Trademark Office (USPTO or Office) is proposing to amend the rules of practice to require a third party request for ex parte reexamination to include a statement by the third party requester identifying all real parties in interest to the ex parte reexamination request. This statement would be kept confidential upon request. This proposed requirement would provide the Office with a mechanism to evaluate statutory estoppel provisions. It would also enhance the Office’s ability to respond to false certifications, misrepresentations, and fraud.