What are the requirements for a reexamination requester to remain anonymous?
For reexamination requesters who wish to remain anonymous, MPEP 2203 provides specific guidance:
A real party in interest that wishes to remain anonymous when filing a request for reexamination under 37 CFR 1.510 can do so by utilizing the services of a registered practitioner. In such an instance, the registered practitioner submitting a request for reexamination on behalf of the real party in interest would be certifying that the real party in interest was not estopped from filing the request.
However, it’s important to note that an individual filing a request for reexamination on their own behalf cannot remain anonymous, as they are required to sign the document that includes the 37 CFR 1.510(b)(6) certification.
The USPTO considers the certification requirements, coupled with the 37 CFR 11.18 certification obligations, sufficient to ensure compliance with statutory estoppel requirements for inter partes review and post-grant proceedings.
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