What defines the limitations of who can file a transitional program for covered business method patents?

The correct choice highlights a specific criterion for who is eligible to file for a transitional program for covered business method patents (CBM) under the America Invents Act (AIA). The primary limitation set by the AIA states that only parties who have been accused of patent infringement related to a CBM patent can file for this type of review. This means that if an entity has not received notification of infringement or has not been involved in related litigation, they do not have the standing to initiate this particular review process.

This mechanism is designed to provide a means for those who are at risk of being sued for infringement to challenge the validity of the disputed patent before being forced into a potential infringement lawsuit. Therefore, the scope is intentionally narrowed to protect those accused rather than allowing unrestricted access to all parties, which would undermine the intended purpose of this program.

The other choices such as patent owners wishing to modify their claims, applicants needing to have undergone post-grant review, or all interested parties filing without restrictions do not align with the specific legal requirements detailed in the AIA for CBM proceedings. Each of those options overlooks the fundamental prerequisite of having been a party to an infringement situation as a necessary condition for filing a transitional program request, emphasizing that only those