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) 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) 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]
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012; para. (a) revised, 78 FR 17873, Mar. 25, 2013, effective Mar. 25, 2013; para. (b) removed and reserved, 84 FR 51977, Oct. 1, 2019, effective Oct. 31, 2019]