37 CFR § 42.302 — Who may petition for a covered business (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.302 Who may petition for a covered business
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.302, 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 § 42.302 — Who may petition for a covered business
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.302 Who may petition for a covered business method patent review.
- (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.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012; para. (c) added, 80 FR 28561, May 19, 2015, effective May 19, 2015]