# 37 C.F.R. § 42.302 (2026): Who may petition for a covered business method patent review

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T37_P42_S42_302

## Section

- **Citation:** 37 C.F.R. § 42.302 (2026)
- **Heading:** Who may petition for a covered business method patent review
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 37 CFR: Patents, Trademarks, and Copyrights / Chapter I: UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE / Part 42: TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD / Subpart D: Transitional Program for Covered Business Method Patents / § 42.302: § 42.302   Who may petition for a covered business method patent review.

## Text

(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.
(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.
(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.
[77 FR 48731, Aug. 14, 2012, as amended at 80 FR 28566, May 19, 2015]

## Nearby sections

- [37 C.F.R. § 42.300 (2026) § 42.300   Procedure; pendency.](https://www.frixlaw.com/law-library/statutes/CFR_T37_P42_S42_300.md)
- [37 C.F.R. § 42.301 (2026) § 42.301   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T37_P42_S42_301.md)
- [37 C.F.R. § 42.302 (2026) § 42.302   Who may petition for a covered business method patent review.](https://www.frixlaw.com/law-library/statutes/CFR_T37_P42_S42_302.md)
- [37 C.F.R. § 42.303 (2026) § 42.303   Time for filing.](https://www.frixlaw.com/law-library/statutes/CFR_T37_P42_S42_303.md)
- [37 C.F.R. § 42.304 (2026) § 42.304   Content of petition.](https://www.frixlaw.com/law-library/statutes/CFR_T37_P42_S42_304.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T37_P42_S42_302. Check the current official text before relying on it. Not legal advice.