A short article covering this topic by Foley & Lardner entitled "USPTO reverses course to permit anonymous ex parte reexamination requests" is here. Boiled down, the PTO decided that identification of the real party in interest requesting reexam was not required because the practitioner requesting reexam is required to include a "certification by the third party requester that the statutory estoppel provisions of 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) do not prohibit the requester from filing the ex parte reexamination request."
However, the article notes;
In eliminating the requirement to identify the real party in interest, the USPTO has left open the possibility that a requester’s estoppel certification might be called into question during the ex parte reexamination proceeding:
If the Office becomes aware of facts that call the certification into question, the Office will determine, on a case-by-case basis, whether the request for ex parte reexamination is prohibited by statute.
Thus, patent owners may have a new way to terminate an ex parte reexamination against their patents if they learn the identity of the real party in interest — or of its privies – and are able to bring that information to the USPTO’s attention.
I can see this set up creating some potential for mischief, and understand why the Office first wanted identification. Thoughts?
