# 37 CFR § 42.302: Who may petition for a covered business method patent review

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-37-42.302

## Section

- **Citation:** 37 CFR § 42.302
- **Heading:** Who may petition for a covered business method patent review
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** 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

## 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 CFR § 42.300 § 42.300 Procedure; pendency.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.300.md)
- [37 CFR § 42.301 § 42.301 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.301.md)
- [37 CFR § 42.302 § 42.302 Who may petition for a covered business method patent review.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.302.md)
- [37 CFR § 42.303 § 42.303 Time for filing.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.303.md)
- [37 CFR § 42.304 § 42.304 Content of petition.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.304.md)
- [37 CFR § 42.400 § 42.400 Procedure; pendency.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.400.md)
- [37 CFR § 42.401 § 42.401 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.401.md)
- [37 CFR § 42.402 § 42.402 Who may file a petition for a derivation proceeding.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.402.md)
- [37 CFR § 42.403 § 42.403 Time for filing.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.403.md)
- [37 CFR § 42.404 § 42.404 Derivation fee.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.404.md)
- [37 CFR § 42.405 § 42.405 Content of petition.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.405.md)
- [37 CFR § 42.406 § 42.406 Service of petition.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.406.md)
- [37 CFR § 42.407 § 42.407 Filing date.](https://www.frixlaw.com/law-library/statutes/ecfr-37-42.407.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-37-42.302. Check the current official text before relying on it. Not legal advice.