AIPLA Comments on Ex Parte Reexamination Requirements
Written August 27, 2026
Alexandria, VA. August 21, 2026 – The American Intellectual Property Law Association (AIPLA) submitted comments
in response to the USPTO’s Notice of Proposed Rulemaking proposing to require identification of all real parties-in-interest (RPIs) in third-party ex parte reexamination requests. The comments recognize the USPTO’s goal of improving fairness and efficiency in reexamination proceedings but urge caution in implementing the proposed changes. The comments emphasize the need for formal rulemaking to ensure predictability and consistency, and highlight the importance of balancing the interests of patent owners and requesters.
The comments raise concerns regarding the statutory basis for requiring RPI identification, noting that the relevant statute permits a request to be filed by “any person” and does not expressly require disclosure of the party on whose behalf the request is submitted. The comments also discuss potential unintended consequences of the proposed rule, such as increased complexity and costs in determining RPIs, difficulties in maintaining confidentiality, and the possibility of undermining congressional policy that encourages anonymous participation to improve patent quality. The comments recommend limiting any new requirements to situations where statutory estoppel provisions are applicable and suggest that existing certification and ethical enforcement mechanisms are sufficient unless there is evidence of fraud or mistake.