§ 42.201. Who may petition for a post-grant review.
83 words·~1 min read·
/us/cfr/t37/s§ 42.201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.