; and (4) in subsection (e), as so redesignated— (A) in the first sentence— (i) by striking this subsection and inserting the date of enactment of the Promoting and Respecting Economically Vital American Innovation Leadership Act ; (ii) by striking by the Director and inserting by the Director or the Secretary ; and (iii) by inserting or the Secretary, as applicable, after on which the Director ; and (B) in the second sentence— (i) by inserting after by the Director the following: , or, before the date of enactment of the Promoting and Respecting Economically Vital American Innovation Leadership Act , having performed duties no longer performed by administrative patent judges, ; and (ii) by striking that the administrative patent judge so appointed and inserting that the applicable administrative patent judge . 4. Inter partes review (a) Standing and real parties in interest Section 311 of title 35, United States Code, is amended by adding at the end the following: (d) Persons that may petition (1) Definition In this subsection, the term charged with infringement means a real and substantial controversy regarding infringement of a patent exists such that the person would have standing to bring a declaratory judgment action in Federal court. (2) Necessary conditions A person may not file with the Office a petition to institute an inter partes review of a patent unless the person, or a real party in interest or a privy of the person, has been— (A) sued for infringement of the patent