C.F.R. » Title 37 » 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 C—Post-Grant Review

37 C.F.R. § 42.202

Time for filing

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) A petition for a post-grant review of a patent must be filed no later than the date that is nine months after the date of the grant of a patent or of the issuance of a reissue patent. A petition, however, may not request a post-grant review for a claim in a reissue patent that is identical to or narrower than a claim in the original patent from which the reissue patent was issued unless the petition is filed not later than the date that is nine months after the date of the grant of the original patent.

(b) [Reserved]

[77 FR 48729, Aug. 14, 2012, as amended at 84 FR 51982, Oct. 1, 2019]
Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: InVue Sec. Prods. Inc. v. Mobile Tech Inc. (D. Or. 2019).
Sort: Relevance Newest Treatment
InVue Sec. Prods. Inc. v. Mobile Tech Inc. (D. Or. 2019). “37 C.F.R. § 42.202 . Involvement in post-grant PTO proceedings shows MTI’s knowledge of the patent they petitioned against, but not other similar patents.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.