37 CFR 42.101: Who may petition for inter partes review

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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42.101    Who may petition for inter partes review.

A person who is not the owner of a patent may file with the Office a petition to institute an inter partes 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;
  • (b) The petition requesting the proceeding is filed more than one year after the date on which the petitioner, the petitioner's real party-in-interest, or a privy of the petitioner is served with a complaint alleging infringement of the patent; or
  • (c) 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.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012]