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Question:
When did the derivation rules go into effect?
Answer:
The derivation rules went into effect 18 months after AIA enactment (March 16, 2013).
Chapter Details:
This question comes from the following supplement “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable.
Section Summary:
This question comes from the following supplement: “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. The following is a brief summary of the appropriate section in the supplement.
Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019
The Leahy-Smith America Invents Act (AIA) establishes several new trial proceedings to be conducted by the Board including:
- inter partes review (IPR);
- postgrant review (PGR);
- a transitional program for covered business method patents (CBM); and
- derivation proceedings.
The AIA requires the Office to promulgate rules for the proceedings, with the PGR, IPR, and CBM rules to be in effect one year after AIA enactment (September 16, 2012) and the derivation rules to be in effect 18 months after AIA enactment (March 16, 2013).