{"data":{"id":"us/37-cfr-42.302","jurisdiction":"us","citation":"37 CFR 42.302","heading":"Who may petition for a covered business method patent review.","body":"(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.\n(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.\n(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.","path":["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 D—Transitional Program for Covered Business Method Patents"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"5b1f3bc275767f4942419fa1331a424b2c97bb4344bd5b1fedc448b5c00a2396","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-42.301","next":"us/37-cfr-42.303"},"notice":"GroundRules: Original legal text. Not legal advice."}