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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 37 - Patents, Trademarks, and Copyrights |
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Chapter I - United States Patent and Trademark Office, Department of Commerce |
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SubChapter A - General |
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Part 42 - Trial Practice Before the Patent Trial and Appeal Board |
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Subpart C - Post-Grant Review |
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General |
§ 42.201 - Who may petition for a post-grant review.
Latest version.
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§ 42.201 Who may petition for a post-grant review.
A person who is not the owner of a patent may file with the Office a petition to institute a post-grant review of the patent unless:
(a) Before the date on which the petition for review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent; or
(b) The petitioner, the petitioner's real party-in-interest, or a privy of the petitioner is estopped from challenging the claims on the grounds identified in the petition.