I found this reporting of a proposed rulemaking by the USPTO helpful and worth sharing. Briefly, the proposal is to require a third party requesting reexamination of a granted patent to file a statement identifying all real parties in interest in the matter. The USPTO justifies the new rule because of the difficulty in verifying whether a requester is estopped from filing under 35 U.S.C. § 315(e) or § 325(e) after an IPR or PGR, and on the assertion that “a significant number” of requests are directed at patents previously challenged in such proceedings. 

While the USPTO promises to keep that information confidential (on specific request), promising the use of “robust data security measures,” I'm particularly curious whether mandatory RPI disclosure will chill ex parte reexamination filings. And, how well will the USPTO's confidentiality promise hold up against other regulations such as the Freedom of Information Act? I'm unsure if the exemption for confidential commercial information would clearly (or consistently!) apply to these requests. Similarly, how the statements would be retained is fairly vague, and it's also unclear how the Office will issue any decision indicating estoppel without identifying the requester. This issue is doubtless one that will attract a lot of interest, and may cause potential requesters to second-guess their filing strategies. Comments to the Notice are due by August 21, 2026!