What regulations govern the conduct of derivation proceedings?
The conduct of derivation proceedings is governed by regulations prescribed by the Director of the United States Patent and Trademark Office (USPTO). According to MPEP 2310.01, which cites 35 U.S.C. 135(b):
“The Director shall prescribe regulations setting forth standards for the conduct of derivation proceedings, including requiring parties to provide sufficient evidence to prove and rebut a claim of derivation.”
These regulations are designed to ensure that derivation proceedings are conducted fairly and efficiently. They typically cover aspects such as:
- Evidence standards for proving and rebutting derivation claims
- Procedural rules for the conduct of the proceedings
- Timelines for various stages of the process
- Requirements for submissions and responses
- Standards for decision-making by the Patent Trial and Appeal Board
It’s important for parties involved in derivation proceedings to familiarize themselves with these regulations to effectively participate in the process.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2310.01 - Statutory Basis,
Patent Law,
Patent Procedure