37 CFR 42.302 : Patents, Trademarks, And Copyrights (Section 2.11 To Chapter V) — United States Patent And Trademark Office, Department Of Commerce (Parts 1 - 199) (Section 2.11 To Parts 151-199) — Unknown Title (Parts 2 - 90) (Section 2.11 To Section 90.3) — Trial Practice Before The Patent Trial And Appeal Board (Section 42.1 To Section 42.407) — Transitional Program For Covered Business Method Patents (Section 42.300 To Section 42.304) — Who may petition for a covered business method patent review.

(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.