What is the difference between derivation proceedings and interference proceedings?

Derivation proceedings and interference proceedings are both related to patent disputes, but they serve different purposes and apply to different patent regimes. The key differences are:

• Applicable Law: Derivation proceedings are part of the America Invents Act (AIA) and apply to patents under the first-inventor-to-file system. Interference proceedings were part of the pre-AIA system.
• Purpose: As stated in MPEP 2310, derivation proceedings determine “whether (i) an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner’s application, and (ii) the earlier application claiming such invention was filed without authorization.” Interference proceedings determined priority of invention under the first-to-invent system.
• Timing: Derivation proceedings apply to patents filed on or after March 16, 2013. Interference proceedings apply to patents filed before this date.
• Focus: Derivation proceedings focus on whether an invention was derived without authorization. Interference proceedings focused on who invented first.

In summary, derivation proceedings replaced interference proceedings as part of the shift from a first-to-invent to a first-inventor-to-file system under the AIA.

To learn more:

• derivation proceeding
• interference proceeding
• AIA
• pre-AIA
• patent dispute