MPEP Q & A 101: Petition for a Derivation Proceeding

 Petition for a Derivation Proceeding


What must a petition for a derivation proceeding provide?


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.

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