37 CFR § 42.201 — Who may petition for a post-grant (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.201 Who may petition for a post-grant
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.201, 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 § 42.201 — Who may petition for a post-grant
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012]