What action does the Board take when it receives a petition for derivation?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When the Patent Trial and Appeal Board (PTAB) receives an appropriate petition for derivation, it takes a specific action as outlined in MPEP 2311 : “Where an appropriate petition for derivation has been received by the Board, the Board will enter a notice into the respondent’s application or patent file, if it has issued.” This notice serves to inform all parties involved that a derivation proceeding has been initiated. It’s an important step in the process, as it officially acknowledges the receipt of the petition and marks the beginning of the derivation proceeding. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Derivation Notice for Respondent’s Application or Patent MPEP 2311 Examiner Must Consult TCPS on Allowable Subject Matter MPEP 2311 Recommended PTAB Handles Requests for Interference and Derivation Records MPEP 103 Petitioner Claims Must Be Rejected Until Derivation Hearing MPEP 2311 Recommended Petitions for Access Handled by Office of Patent Legal Administration Except Interference Cases MPEP 103 PTAB Members Designated for Interference Proceedings Determining Priority and Patentability MPEP 1002.02(f) Director May Waive Regulations on Petition MPEP 1002 Permitted Petition for Access to Interference Agreement Under Pre-AIA 35 U.S.C. 135(c) MPEP 1002.02(f) Petition and Fee Required for Application Access MPEP 103 Permitted Petition to Director for PTAB Action MPEP 1002 Other Related FAQs 5 FAQs Collapse What should an examiner do when they find allowable subject matter in a derivation proceeding? How should examiners handle claims in a petitioner&#8217;s application during a derivation proceeding? What is a derivation proceeding in patent law? No mo...