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Data insight2 min readEx parte reexamination

Anonymous reexamination after an inter partes review decision now needs a statement.

Since March 2026, an anonymous ex parte reexamination request against a patent that went through an inter partes review or post-grant review final decision should say the requester isn’t the earlier petitioner or tied to it. Without that statement, the filing date may be vacated. A rule proposed in July would go further and require naming every real party in interest.

2 stepsan anonymous request now needs after an IPR or PGR final decision: a statement and an identification of the earlier proceedings.

Before you read

Is the rule requiring every reexamination requester to name its real parties in interest in force?

Part 1 of 4

Why anonymity mattered

A third party can ask for ex parte reexamination without revealing who it is, by filing through a registered practitioner. The practitioner certifies that IPR or PGR estoppel doesn’t bar the request. Estoppel is the rule that, after a final written decision in an IPR or PGR, the petitioner and those tied to it can’t raise grounds they raised or reasonably could have raised.

What the practitioner certifiesNo estoppel

That IPR or PGR estoppel doesn’t bar the request, under 37 C.F.R. § 1.510(b)(6).

What the Office can’t seeWho’s behind it

With the requester unnamed, the Office can’t check whether it was the earlier petitioner or tied to it.

The problem: with an anonymous requester, the Office can’t tell whether that certification is right.

Part 2 of 4

What the notice requires

A notice announced February 6, 2026 and published in the Official Gazette on March 3, 2026 says that if any claim has had an IPR or PGR final written decision, an anonymous request should include two things.

After an IPR or PGR final decision

  1. 1StatementNot the earlier petitionerThe requester and its other real parties in interest are not the prior petitioner, its real party in interest, or its privy.
  2. 2IdentificationName the earlier proceedingsIdentify those proceedings, the petitioner and the real parties in interest of record.
  3. 3Without itThe filing date may be vacatedA filing date requires every requirement of 37 C.F.R. § 1.510, including the estoppel certification.
Step 1 of 3
The OfficeCourtThe turn

A real party in interest is the party actually directing or funding the request; a privy is a party legally tied to the earlier petitioner.

Part 3 of 4

What may come next

On July 22, 2026, the Office proposed a broader rule: every third-party reexamination request would have to identify the requester and all other real parties in interest, with the statement kept confidential on request. Comments closed on August 21, 2026.

Notice in force, rule proposed

March 2026 noticeJuly 2026 proposed rule
StatusIn effectProposed; not final as of Oct 16, 2026
CoversAnonymous requests against patents with an IPR or PGR final decisionEvery third-party request
RequiresA statement that the requester isn’t the earlier petitioner, its RPI or privy, and the earlier proceedings identifiedIdentification of all real parties in interest, confidential on request

Whether and when a final rule issues has not been announced.

Part 4 of 4

What to do

  • Before filing anonymously, check every challenged claim for an IPR or PGR final written decision.
  • If there is one, include the statement and identify the earlier proceedings, or expect the filing date to be at risk.
  • Plan for the proposed rule. If it becomes final, anonymity toward the Office ends for every request.

The takeaway

Anonymity has a cost now. Make the statement, or expect to lose the filing date.

Sources

  1. S51USPTO, Filing Anonymous Requests for Ex Parte Reexamination Directed to Previously-Challenged Patents, 1544 Off. Gaz. Pat. Office 128 (Mar. 3, 2026), announced in USPTO, Update regarding the filing of anonymous requests for ex parte reexamination (Feb. 6, 2026). Official page ↗
  2. S52USPTO, Requirement to Identify All Real Parties in Interest to a Third Party Request for an Ex Parte Reexamination, proposed rule, 91 Fed. Reg. 46038 (July 22, 2026) (comments closed Aug. 21, 2026; listed as a proposed rule on the USPTO’s 2026 Federal Register page as of Oct. 16, 2026). Official page ↗
  3. S13Federal patent statutes, 35 U.S.C. §§ 253(a), 303(a), 311–315, 317 and 321–325. Reproduced in MPEP Appendix L (currency date stated by the appendix: Jan. 31, 2024). Official page ↗

Not yet confirmed

  • Whether and when a final rule issues has not been announced.

Each item is marked in the story with a dashed outline. We update the story when the official record confirms or corrects it.

Precedential decisions bind the Board within their designated scope. Informative decisions show the Office’s reasoning but do not bind the Board. Court opinions are cited for what they decided; later history was checked on the date shown above.

Changes (4)
  • Currency fix: added the proposed rule of July 22, 2026 (91 Fed. Reg. 46038) that would require every third-party requester to identify all real parties in interest. It is labeled proposed, not final, as of October 16, 2026. The original did not mention it.
  • Headline now states the rule, not just the topic (Muse).
  • Glossed real party in interest, privy, estoppel and final written decision.
  • The notice’s signature date, flagged as unverified in the original, is no longer needed: the announcement date (Feb 6, 2026) and the Official Gazette date (Mar 3, 2026) are both cited.
General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.
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