GroundRules
37 CFR 42.201: Who may petition for a post-grant review.
Where this section sits in the code
- Title 37—Patents, Trademarks, and Copyrights
- CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
- SUBCHAPTER A—GENERAL
- PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
- Subpart C—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.
Collected 2026-08-27T02:25:45Z. Source file · JSON