37 CFR § 42.101 — Who may petition forinter (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.101 Who may petition forinter
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.101, including 0 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 42.101 — Who may petition forinter
Source: USPTOLast Modified: 10/30/2024 08:50:22
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]