MPEP Q & A 76: Filing a Petition for a Covered Business Method Patent Review

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Question:

Who may file a petition for a covered business method patent review?

Answer:

A petitioner may not file 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.

In addition, 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.

Chapter Details:

The answer to this question can be found in the PTO supplement known as,Inter Partes, Post Grant, and Covered Business Method Review Final Rules”. This supplement covers New Trial Proceedings. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam.

Section Summary:

This question and answer comes from section 42.302 of the supplement.  The following is a brief summary of section 42.302.

Section 42.302: Who may petition for a covered business method patent review.

Section 42.302 specifies who may file a petition for a covered business method patent review.

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