Federal Register #2026-14793

USPTO Proposed Rule: Identification of Real Parties in Interest for Ex Parte Reexamination Requests

This opportunity involves a proposed rule change by the United States Patent and Trademark Office (USPTO), part of the Department of Commerce. - Government Buyer: - United States Patent and Trademark Office (USPTO) - Department of Commerce - No OEMs or vendors are involved, as this is a regulatory action rather than a procurement. - Products/Services Requested: - No products or services are being requested; the notice is for public comment on a proposed rule. - Unique/Notable Requirements: - The rule would require third-party requests for ex parte reexamination to include a statement identifying all real parties in interest. - The statement may be kept confidential upon request. - The change is intended to help USPTO evaluate statutory estoppel and address false certifications, misrepresentations, and fraud. - The notice is not a solicitation for goods or services, but rather a request for public comment on a regulatory amendment.

Description

The United States Patent and Trademark Office (USPTO) is proposing to amend the rules of practice to require that a third party request for ex parte reexamination include a statement identifying all real parties in interest to the request. This statement can be kept confidential upon request. The proposed rule aims to provide the USPTO with a mechanism to evaluate statutory estoppel provisions and enhance its ability to respond to false certifications, misrepresentations, and fraud. Comments on this proposed rule must be received by August 21, 2026.

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