§42.101. Who may petition for inter partes review.
37 C.F.R. § 42.101
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:
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;
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
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.
Notes, amendments, and revision history
Source
Source: 77 FR 48727, Aug. 14, 2012, unless otherwise noted.
Authority
Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.
Source
Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.