§ 42.302. Who may petition for a covered business method patent review.
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/us/cfr/t37/s§ 42.302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A petitioner may not file with the Office a petition to institute a covered business method patent review of the patent unless the petitioner, the petitioner's real party-in-interest, or a privy of the petitioner has been sued for infringement of the patent or has been charged with infringement under that patent. Charged with infringement means a real and substantial controversy regarding infringement of a covered business method patent exists such that the petitioner would have standing to bring a declaratory judgment action in Federal court.
(b)A petitioner may not file a petition to institute a covered business method patent review of the patent where 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.
(c)A petitioner may not file a petition to institute a covered business method patent review of the patent where, before the date on which the petition is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent. \[77 FR 48731, Aug. 14, 2012, as amended at 80 FR 28566, May 19, 2015\]
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§ 42.302
Who may petition for a covered business method patent review.
Fed. Reg.×3
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