Patent Law FAQ

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:

• ex parte reexamination
• anonymous request
• third party requester