Commerce Department, Patent and Trademark Office
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.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce United States Patent and Trademark Office 37 CFR Part 1 [Docket No. PTO-P-2025-0545] RIN 0651-AD94 AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Notice of proposed rulemaking. SUMMARY: 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. DATES: Comments must be received by August 21, 2026 to ensure consideration. ADDRESSES: For reasons of Government efficiency, comments must be submitted through the Federal eRulemaking Portal at: https://www.regulations.gov . To submit comments via the portal, one should enter docket number PTO-P-2025-0545 on the homepage and select the “Search” button. The site will provide search results listing all documents associated with this docket. Commenters can find a reference to this notice and select the “Comment” button, complete the required fields, and enter or attach their comments. Attachments to electronic comments will be accepted in Adobe®…
Citation: 91 FR 46038
