Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.42.102 Time for filing

(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.