---
kind: "section"
citation: "37 C.F.R. § 42.102"
title: "37"
number: "42.102"
heading: "Time for filing."
url: "https://uscodex.org/cfr/37/42.102"
---

# §42.102. Time for filing.

- (a) A petition for inter partes review of a patent must be filed after the later of the following dates, where applicable:
  - (1) If the patent is a patent described in [section 3(n)(1)](/cfr/37/3.md?p=n-1) of the Leahy-Smith America Invents Act, the date that is nine months after the date of the grant of the patent;
  - (2) If the patent is a patent that is not described in [section 3(n)(1)](/cfr/37/3.md?p=n-1) of the Leahy-Smith American Invents Act, the date of the grant of the patent; or
  - (3) If a post-grant review is instituted as set forth in subpart C of this part, the date of the termination of such post-grant review.
- (b) [Reserved]

## Notes

### Amendments

[77 FR 48727, Aug. 14, 2012, as amended at 78 FR 17874, Mar. 25, 2013; 84 FR 51982, Oct. 1, 2019]

### 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.

### Amendments

[77 FR 48727, Aug. 14, 2012, as amended at 78 FR 17874, Mar. 25, 2013; 84 FR 51982, Oct. 1, 2019]