How can a third party anonymously request ex parte reexamination?

The MPEP 2210 provides guidance on how a third party can anonymously request ex parte reexamination:

“If a third party requester desires anonymity, the request for ex parte reexamination can be filed by an attorney or agent representing the third party requester. The attorney or agent should not be the attorney or agent of record in the patent file.”

The MPEP further clarifies:

  • The request must be signed by the attorney or agent
  • The attorney or agent may not use the “certificate of service” portion of the reexamination request
  • Any correspondence address provided should be that of the attorney or agent

This approach allows the third party to maintain anonymity while still initiating the reexamination process.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2210 - Request For Ex Parte Reexamination Under 35 U.S.C. 302, Patent Law, Patent Procedure
Tags: Anonymous Request, ex parte reexamination, Third Party Requester