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Question:
What must a petition for a derivation proceeding provide?
Answer:
In a petition for a derivation proceeding, the petitioner must:
- (i) identify which application or patent is disputed; and
- (ii) provide at least one affidavit addressing communication of the derived invention and the lack of authorization for filing the earlier application.
Chapter Details:
The answer to this question can be found in the PTO supplement known as, “Derivation Proceeding Final Rules”. This supplement covers derivation proceedings. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam.
Section Summary:
This question and answer comes from the PTO Supplement titled Derivation Proceeding Final Rules.
The following is a brief summary of this supplement:
The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice to implement the provisions of the Leahy-Smith America Invents Act (AIA) that create a new derivation proceeding to be conducted before the Patent Trial and Appeal Board (Board).
The changes in this final rule take effect on March 16, 2013.