Section 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. 77 FR 48727 , Aug. 14, 2012, as amended at 78 FR 17874 , Mar. 25, 2013; 84 FR 51982 , Oct. 1, 2019